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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http: //books .google .com/I 6i.S //SS.3.. 76- ► HARVARD COLLEGE LIBRARY THE GIFr OF LAWRENCE SHAW MAYO CLASS OF 1910 ■j.s i/fix *r THE iteW-hampshire TOWN OFFICER. BT WILLIAM St. RICHABmOir. CONfcORD : PUBLISHED BT JACOB B. MOOML 1829. 1 UA \l^a;i.T^ 4 o% UbrabV OISTRIOT OF NEW-HAMPSHIRE— TO WIT : BiHtrid Cleric's OJiet. * f **^^^ . BE IT REMEMBERED, That on the eighth day of September, A. D. 1829. ^ L.i^. > and in &e fifly-fouiih vear of the Independence of the United States of < v-^v^ ^ Amenca, JACOB B. IttOORE, of the aoid District, has deposited in this OfSce the iitle of • bool^ the right whereof he claims as proprietor in the words follow- ing, viz. : I « Tkt NtwHau^kire Town Officer. By WILLIAM M. RICHARDSON." In conform^ to the act of the Gongraas of t)ie United States, << entitled " An act for the encouragement of leamine bj securing the copies of maps, charts and books, t» the authors and proprietors of sucn copies dunng the times therem mentioned," and abo to an act entitled ** an act supplementary to an act entitled an act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies, dunng the times therein inentiuned, and extending the benefits thereof to Ihe arts of designing, engraving, and etching historical and other prints.*^ ' CHARLES W. CUTTER, a«r* of the District Court of the United StaieSf for the District o/ Jfewo'liampshut, A Ime copy of Record, Attestr-CHARLES W. GUTTER, Clerk, !•■■ J.I II III « 1 1 i>uiJ"!«"«nmMiPMHMViOT«v""""V9^pp TAB&B OF OOMTfiXPTS. « CHAPTER i. Of TOWN HEETINGS. , * Page. SjECTION 1. OF THE BCANfTER OF CALLIITO TOWN MEETINGS, 1 ToTitk No. 1. Form of a warrant for calling a town meeting', when directed to a constable, ' 3 Form N6i 2. Form of the constable's return, 4 Form No. 3. Form of a certificate that a list of tiie voters has been posted up,' - - - «. - 5 Form No. 4. Form of a warrant for holding a town meeting when posted up by the selectmeoy • - 5 Form No. 5. Selectmen's certificate of notice, &c. - S Form No, 6. Form of an application to thd selectmen of a townv to hare any matter inserted in a warrant . for calling a meeting > ----'• 7 Form No. 7. Form of an application to a justice of the peace to call a town mjBeting^ when the selectmen of a town neglect or refuse to call a meeting, or to insert a particular article in a warrant, - - 7 Form No. 8. Form of the warrant to be issued by^ a jus- tice of the peace for calling a town meeting, - 8 Form No. 9. Fonn of an' application to a justice of the peace to call a meeting in a town where there are no town officers, --"- - - - - 9 Form No. 10. Form of a warrant to be issued by a jus- tice of the peace for calling a town meeting, - 10 Form No. 11, Form of the freeholders' return to the warrant of the justice, - - - - - 11 Section 2. of the qualifications of voters, - 11 Section 3. ,of the choice anp duties of moderators, 13 Section 4. of the manner of holding town meetings FOR THE choice OE TOWN, COUNTY, STATE AND OTHER officers, .---,-'--- 14 Form of a list of voters, - - - - 18 Section 5. of the choice and ciualifications of town oeficers, of their oaths, and the duration of their offices, &c. - - - - - 19 Form No. 1, Form of the oath to be administered to town officers, - - - - -- - 24 Form No. 2. Form, of a warrant to be directed to a con- stable to notify town officers to take the oath by law prescribed^ -------24 Form No. 3. Form of the constable's return, - - ' 2ft Form No. 4. Yotm, of an appointment of a collector, 26 Form No. 5. Form of a bond to be g^ven by collectors, 26 Form No. 6. Form of an agreement between selectmen and a collector of taxes as to the compensation of the latter, v- 27 IV TABLS OP CONTENTS. Form No. 7* Form of the record of the doings of a town at tl^ annual meeting in March, - - - 27 Section 6. of the election of governor, counsel- lors, senators and representaxhtes, - •» 32 Form No. 1. Form of a return of votes for governor, 32 Form No. 2. Form of the direction upon the return of votes foif governor, - - - - - - 32 Form No. 3. Form of the certificate, to be given to represehtatires, of their election, - .- - 34 Section 7. of the elepivon os registers of deeds and coujNTV treasurers, ...... 35 Form No. 1. Form of the return of votes ior register of deedf and county treasurery - - - - 4d Form No. ^« Form of the Section to the court of com- mopi pleas, ----.-- 42 Section $. of the election of electors of president and vice«president of the united states, - 43 Form No. 1. . Form of the reQord of the proceedings, 4ft Form No. 2. Form of the attestation at the bottom of the copy, t - - •- - -• 46 Fofta No. 3. Form of the superscription, » - 46 Section 9. of the election of representatives in the CONGRESS OF the UNITEB STATES, - - • 47 Form No. 1. Formof the re turn of votes for representa- tives io thfi congress of the United States, - - 50 FoitftNo. ^. Formof tj^e superscription, - - 50 CHAP. II. OF THE DRAWING OF GRAND AND PETIT JURORS, 51 Form No'. 1. The form of a warrant for a meeting in a town for>the purpose of drawing jurors, - - 56 Form No. 2« Form of the town clerk^s return, - 56 Form No* 3. Form of the record of drawing jurors, 57 Form No. 4, Form of the certificate of notice to the jurors, . . . .' . \ . . 57 Form No. 5. Form of the notice to be delivered to the jurors drawn, . ^ ..... 5$ CHAP. III. , OF THE PERAMBUX.ATION OF tlNES BETWEEN TOWNS, 59 Form No, 1. ^ Formof the notice to bo given to peram- bnlate, * 62 Form No. 2. The form of an appointment of a person to perambalate, 62 Form No. 3. The form of a return of the perambulation of lines, 63 Form No. 4. The form of a petition to the court of com- mon pleas to settle a line when the selectmen of the ^ towns cannot agree, • « « « ^ * 63 -^r •^ I \ TABLS OF CONTBNTS. V CHAP. rv. OF THE POWERS AND DUTIES OF CONSTABLES, 65 Section 1. tus authority and dutt of consta»le8 in relation to the teryioe of writs and kxxcutlons IN eiVIL CAUSES, . . * . • . . . 65 Section 2. covstable^s fees, . . • • . 66 Section 3. forms of returns^ . . . ... 67 Form No. 1. The form of a constable^s rejLurn of a writ ^ when bail is taken, .' . . . . .67 Form No. 2. The form of a constable's return upon a ' writ when a summons only is left, . . • 68 Form No. 3. Form of a constable's return on a writ when goods are attached, 68 Form No. 4. Form of a constable's return upon a writ of scire facias, 68 Fo^m No. 6» Form of a constable's return- upon an. ex- ecution when it is intended to charge bail, - 69 Form No. 6\ Form of a return upon an execution when goods have been sold to satisfy it, ... 70 Section 4. the authority and duty of constables in criminal causes, ...... 72 Form No. 1. Form of a return upon a warrant, 73 Form No. 2. Form of a constable's return upon a mit- timus^ . • 73 CHAP: V. OF THE LAWS RELATIVE TO THE MAINTENANCE OP ILLE- _ GITIMATE CHILDREN, .... 75 Form No, i. The form of a complaint by the mother while pregnant, .*..,. 78 Form No. 2. Form of the warrant, . .79 Form No. ^. Form of the justice's order» • . 80 , Forip No. 4. Form of the bond, . % . . 81 Form No. 5. Form pf the mittimus, ... 82 Form No. 6. Form of an application by a town liable to niaintam a bastard child to be admitted to prose- cute a complaint, &c. . . . . . 83 Form No. 7. Form of a complaint on behalf of a town by the selectmen^ when the mother of the child nejglects or refuses to prosecute, ... 84 CHAP. VL OF THE PROFANATION OF THE SABBATH* 86 CHAP. VII. OF MARRIA6ES| BIRTiHS AND BURIALS, 1* 81 CHAP. Vjil. OF MASTERS AND APPRENTICES, - 93 Form No. 1. Form of an indenture to bind an apprentice, 96 Form No. 2.' Form of the selectmen's approbation, 97 Form N(J. 3. Form of a complaint in the name of the selectmen against a master for abuse, of his appren- ' tice, 97 Form Noi 4. Form of the summons of a master to answer to the information, . . - , , . 99 , Form No. 5. Form of the Officer's return j . -. 100 Form No. 6. Form of a judgment discharging an ap- prentice, * ^ ....... 100 CHAP. IX. OP THE LAWS MADE TO PREVENT THE SPREADING OF THE SMALL POX, - - - - - - 102 CHAP. X, OF fHE LAWS RELATING TO POST GUIDES, 104 CHAP. XI. OF THE LAWS REGIJLATING FENCES, 106 Form No« 1* The form of ad agreement made by own- ers of adjoining lands to divide the fences, < 109 Form No. 2* Form of ^ notice to be given to the par- ties by the fence-viewers before they proceed to make a division, 110 Form No. 3. Form of a division of a fence by fence- viewers, . . . s . . . . Ill Form No. 4. Form of an application to fence-viewers to examine a fence which is out of repair, . 112 Form No. 6. Form of a notire to the adverse party, 112 Form No. 6* Form of an order of notice to be given to a party to repair his fence, 113 Form No. 7. Form bf a notice to be given to a party of the time and place when and where the repairs of a fence are to be appraised, . . « 114 Form No. 8. Form of an appraisement of the repairs made in a fence, ...... 115 Form No. 9. Form of an application to the fence-view- ers to ascertain the value of a fence built by one party before the other party began to improve his adjoining land, . . * . . .115 Form No. 10. Form of a notice to be given to the ad- ■ verse party, 116 FormNoill. Form of th^ appraUomenti '« • 116 TABLE OF CONTENTS. vii CHAP. xn. OP THE LAWS REGULATING SWINE, 117 Form No. I. Form of a notice to be posted when hogs are impounded, 120 Form No. 2, Form of an application Co a justice of the peace for a warrant of appraisement, . . 120 Form No. 3. Form of a warrant of appraisrm of a return of an inquisition by se- lectmen, . 183^ CHAP. XXV. OF THE DUTIES OF SELECTMEN WITH RESPECT TO THE RATIONS AND ARMS OF THE MILITIA IN CERTAIN CASES, 184 CHAP. XXVI. , OF THE LAWS RELATING TO COMMON NUISANCES, ^185 CHAP. XXVII. OF THE LAWS RELATING' TO PROFRIETART RECORDS, 188 CHAP. XXVIII. OF THE LAWS RELATING TO THE EXTINGUISHMENT OF FIRES, • I - 190 X TABLE OF CONTENTS. CHAP. XXIX. OF THE . CHOICE OF REPRESENTATIVES OF GLASSED TOWNS, ^^ CHAP. XXX. OF THIS LAWS RELATING TO THE MARKING OF SHBBF, 199 CHAP. XXXI. STATUTES ALLOWING PREMIUMS FOR KILLING WOLVES, WILD CATS, BEARS AND CROWg, 300 Form of a receipt to be given by selectmea for the head of a wolf, &c , . , 202 CHAP. XXXII. OF THE MAINTENANCE OF PAUPERS, 203 Section 1.. general rbmarks, SOS Section 2. of the purchase of lands bt towns and counties for the accommodation of the poor, and for houses of correction, and of the manage- MENT OF THE sAmIs, ' 205 Section 3. of the punishment oe idle and disorderlt PERSONS, Form No. 1. Form of a complaint against a common drunkard, ' . 208 Form No. 2. Form of a warrant upon the foregoipg complaint, . . .' . . . . 209 ^Form No. 3. Form of a judgment upon the foregoing complaint, 209 Form No. 4. Form of a mittimus, . . . 210 Form No. 5. Form of n complaint against a vagabond and idle person, . . ^ . . , . 211 Section 4. of binding out poor persons and child- . REN, 212 Form No. 1. Form of an indenture to bind to labor any idle person, . 213 Form No. 2. Form of an indenture to bind out a poor - child, ...,,.,. ^ 214 Section 5. of persons hayino no settlement in any TOWN IN this state, 216 Section 6. of paupers having relations of si^fficient abiliott to maintain them, 216 Section 7. of bringing poor persons into the state with intent to leave them, and of bringing and LEAVING IN ant COUNTY POOR PERSONS FROM ANOTHER county, 218 w 1 pp ■■J«^«Hpp«awv"v-'iir---*^paHpnMVWHF^«Hr^iV«^^^ii^"*^BP*aw«^mF fABLE OF CONTENTS. » SlOTlOVS. OF THX SUPPORT OF PAUPERS BT TOWHS^ ARD t>F THE MODE OF OBTAINIIfO .INDEMNITY WHEN THE PAtJFlRS HAVE RELATIONS WHO ARE BOUND TO KAIRTAIN THEM, OK HATE SETTLEMENTS IN OTHER TOWNS, 219 Form of a notice to a to wo that a pauper has been maintained, 220 Section 9. of the settlement of the poor, 831 Section 10. of the anhual return of the »tatx of pau- perism IN towns, 233 CHAP. XXXIII. OF THE ASSESSMENT AND COLLECTION OF TAXES, 234 Section 1.' of the assessment of taxes, 234 Form No. 1. Form of the certificate of the assessment of a st^te tax to be returned to the treasurer of the state, . * ^ 24^ Form No. 2. Form of the certificate of the assessment of town and school taxes to be delivered to the town treasurer, 244 Section 2. of the list of assessments of taxes laid upon inhabitants and residents, akd of the warrant to collect the same, ' 244 Form No. 1. Form of a list of assessments of taxes upon inhabitants and residents, . . . 244 Form No; 2. Form of a warrant to collect taxes laid upon inhabitants and residents, • . . 245 Section 3. of the list of assessments on the unimprot- ed lands of non-residents, and of the warrant to collect the same, ' « 247 Form No. 1. Form of a list of assessments upon lands of non-residents, 248 Form No. 2. Form of a warrant to collect taxes assessed upon unimproved lands t)f non-residents, - ' 248- Section 4. of the collection of taxes laid upon inhab- itants AND RESIDENTS, 249 Forih>^o. 1. For;n of an advertisement of goods taken for taxes, . . . . . . . 254 Form No. 2. Form of an account of sales, . . 26& Form No. 3. Form of the certificskte on the copy of the warrant to be left with , the keeper of the prison when a person is committed for taxes, . . 25S Form No. 4. Form of the advertisement, when the land of a person who has removed from a town witbouC paying* his taxes, is to be sold, v . . 257 Form No. 5. Form of the collector's deed, . , 257 Form No. 6. Form of a certificate that the notifications were posted up, ...... 258 Section 5. of the collection of taxes laid upon the un- improved lands of non-residents, 259 Form Not 1. Form of an advertisement^ . . 266 • • XU TABLE OF CONTENTS. Ford No. 2. Form of an account of sales, . 267 Section 6. of the collection of taxes upov xmprotsd LAHOf OF irON-RESIDENTS, 268 SeCTIOV 7. OF THE PROCEEDINGS AOU5ST DEFICIENT COLLEC- TORS aND AGAINST SELECTMEN, &C. WHEN TAXES ARE NOT DULT PAID, 269 Form No. 1. Form of a warrant agaiqst a coUoctor by the treasurer of the town, . ^ . . . 273 Form, No. 2. Form of a warrant against a collector who is about to abscond, . • . • 274 CHAP. XXXIV. OF LAYING OUT, WIDENING, STRAIGHTENING, REPAIRING AND DISCONTINUING HIGHWAYS, AND OF OTHER MATTERS RELATING TO ROADS, 277 Section 1. of the powers and dutisi or selectmen in^ RELATION TO THE LAYING OUT, ABD TBS WIDENING AND STRAIGHTENING HIGHWATS. 377 Form No. 1. Form of an application to selectmeti to lay out a highway for the accommodation of the pub- lic in general, 283 Form No. Q, Form of an application to lay out a private way, . . . . . . . . £82 Form No 3. Form of an' application to make existing ^ highways wider, 4rc. ...... 283 Form No. 4. Form of an order of notice, • n 283 Form No. 5. Affidavit of notice, , , . . ^ . 284 Fprm No. 6. Form of the laying out of a highway for the accommodation of an individual, . • 284 Form No. 7. Form of laying out a town way, . , 285 . Form No. 8. Form of a record of alterations in a high- way, . 287 Section 2. of mending and repairing highways, 288 Form No. 1. Form of an appointment of a surveyor of highways by Selectmen to supply a vacancy, 290 Fonn No. 2. Form of a warrant to be delivered to sur- veyors of highways, '. . . . . 291 Section 3., of the liability of towns for damaoeb SONE BY MQANSOF THE INSUFFICIENCY OF ROAD8 AND BRIDGES, 293 Section 4. of incumbr.\nces and encroachments UPON highways, 294 Form No. 1. Form of a complaint of an incumbrance made by a surveyor of highways to a justice of the peace, . . • . . , . * . 29(5 Form No. 2. Form of an order to shew ^ cause why an incumbrance should not be removed,) . • 297 Form No. 3. Form of a warrant to remove an incum^ brance, . '. 298 THE TOWN OFFICER. CHAPTER^. OF TOWK mSBTXfXOBm r Section 1. — Op the manner of calling town meetings. The statute of June S8, 1827, entitled an ^' act regu* lating towns and the choice of town officers,^' sections 2, ^and 8y enacts, ^^ That when there shall he occasion for a town meeting, the selectmen shall make n warrant un* der their hands and «eal,directed to some constable in the same town, requiring him to notify the inhabitants of the town qualified by law to vote in town affairs, to meet at a place in said town, and at a certain hour therein men- tioned ; and the said selectmen shall in such warrant in- sert the intent and design of such meeting, and the sub- ject matter of all business, matters and things to be con- sidered and done at said meeting ; and nothing done at said meetings, holden by yirtue of said warrant, shall be considered as good andyalid in law, unless the subject matter thereof shall ' have been inserted as aforesaid. And the constable shall post up an attested copy of such warrant at the meeting house, or some public place in said town, fifteen days before the day of holding such meeting;, or give personal notice to the said inhabitants the like number of days before such meeting, except in cases where other and different notice may be by law prescribed and directed, or otherwise notify and summon the said inhabitants in such way and manner as they at a legal meeting shall direct ; smid the constable shall return 2 2 Town Meetings. Sect. I. such warrant at the place and at the time for holding such meeting, with bis doings therein, to the town clerk, . or in his absence, to one of the selectmen. Proroided^ nevertheleis^ That the selectmen of each town and place be, and thej hereby are, authorized and empowered to warn meetings in their respective towns, by posting up a copy of the warrant therein, in the same way and man- ner, and the same term of time before the meeting, as is herein before directed to be done by constables, and to make return of their doinn^^ and of the warrant at the time and place of meeting. And all matters and business done and transacted at a meeting thus warned, shall be good and valid as thou^ the same had been warned by a constable. And in case ten or more of the fireeholders In any town shall signify their desire in writing to the selectmen, to have any matter or thing inserted in a war- rant for calling a meeting, the selectmen are hereby re- quired to insert the same in the next warrant they shall issue for a meeting, or call a meeting for the express pur- pose of considering thereof, if the same shall be reques- ted. And in case the selectmen shall unreasonably neg^ lect to call a meeting, or to insert such article, the sixth part of the legal voters in any such town may apply to any justice of the peace within the same county, who is hereby authorized and empowered to issue his warrant, under his hand and seal, to any constable of the town, if any such there be, otherwise to any of the freeholders ap- plying, directing and requiring him to warn the inhabi- tants of such town, qualified to vote in town affairs, to as- semble and meet at such time and place in said town as the said justice shall order, and for the purposes in said warrant expressed, and the same notice shall be given, and return thereof made, as in other cases. And when, by reason of death or removal of selectmen, a major part of the number originally chosen shall not remain In office, in such case a major part of those who remain in office shall have power to call a meeting for the purpoise of filling up vacancies in the board of selectmen, and for all other lawful purposes. And if any constable shalf, in any of the particulars aforesaid, neglect his duty, he shall, for each offence, forfeit and pay the sum of tor^ dollars, one half to the use of the town, and the other half to the Sect. 1. Town Meetings, 3 use of any inbabitaot.of the town who shall sae for the same/' ^^That if any selectmen shall neglect to issue a warrant for the holding of meetings in dae coarse of law, for the choice of goTemor, counsellors, senators, representatives of towns, county register and county treasurer, town offi* cers^ electors of president and vice-president of the Uni- .ted States, and representatives in the congress of the Uni- ted States, they shall for each neglect forfeit the sum of fifty dollars, to the use of any persons who will sue for the same.'' ^^That whenever it shall happen that the annual meet- ting of any town has not been duly holden, or in case any town shall never have had a legal meeting, then on the application of any ten freeholders of such town, made in writing to any justice of the peace, such justice shall call a meeting of the inhabitants of such town, by warrant under his hand and seal, directed to any of the freehold- ers of such town, in which warrant shall be expressed the design of such meeting* and the articles to be* acted upon ; and the same notice shall be given as in other ca- ses of warning town meetings, and the said justice shall preside in said meeting until a moderator be chosen." Under these provisions in the statute, town meetings may be called in two ways. The selectmen may issue a warrant directed to a constable and requiring him to ws^m the meeting ; or they may themselves post up a warrant for calling a meeting. FORM NO. L Form of a warrant for calUng a Toion Meeiingy token directed to a Congtabk* STATE OF NEW-HAMPSHIRE. To j9. p. one of the Constables of the town of Concord j S£AL { -i in the county of Merrimack, > OREETIIVO. You are hereby required, in the name of the state of New^Hampshire^to notify and warn the inhabitants of 4 Town Mtedngs* Sect. i. naid town of Goricord qualified by law to Tot^ in town affairs, to meet and assemble at the meeting house in said town on Tuesday, the eighth day of March next, at nine of the clock in the forenoon, to act upon the following subjects : 1. To choose a moderator to preside in said meet- ing. S. To choose ,all necessary town officers for the year ensuing/ 3. To bring in their rotes for governor, counsellor, senator, county ti*easurer, and register of deeds. 4. To determine the number of representatives said town wiU choose the present year. 5. To choose one or more representatives to repre- sent said town in the general court, to be holden at Concord on the* first Tuesday of June next. 6. To raise such sums of money as may be neces- sary to defray town charges the ensuing year, and make appropriations of the same. Hereof fail not, and make return of this warrant, with your doings thereqyi, to the town clerk, at the time and place above mentioned. Given under our hands and seal this twenty-fir»t day of February, A. D. 1835. CD.) Selectmen E. P. V of G. H. 1 Concord. FORM NO- 11. Form of the ConstabWs Hettam. Concord. March 8 J 1828. Pursusint to the within warrant, I have notified the inhabitants of the town of Concord qualified to vote in town affairs, to meet at the tifne and p)»ee within mentioned, hj posting ap an atteited copy of sncb wtrtant at the meetinghouse in Sect. 1. Town Meetings* {^ said Goncofd on the 20th February last, beios more than fifteen days before the ddte hereof. W. P. ConslcAk of Concord. FORM NO. III. - The selectmen should 'make a certificate upon the back of the warrant as follows : We the subscribers hereby certify, that on the tenth day of February, A.D. 1825, we posted up an alpha- betical list of all the inhabitants of said town of Con- cord qualified to vote in town affairs, at the inn of W. S. in said Concord, and left with the clerk of said town a like list. C. D. ) Sekctinen E. F. V of G. H. S Concord, FORM NO. IV. Form of a warrant for holding a town meeting when pos- ted up by the sekctmen. STATE OF NEW-HAMPSOIRE. To the inhtAUants of the town of Chester ^ in the county c "'"•'^ 1 of Rockingham^ in said state^ qualified to vote in I ^^ \ the choice of senators in the state UgiskUure. You are hereby notified and warned to meet at the east meeting house in said Chester, on Tuesday, the eighth day of March next, at nine of the clock in the forenoon,to act upon the following subjects : 1. To choose a moderator to preside in said meet- ing. 2. To choose all necessary town officers for the year ensuing. 2* 6 Town Meetings, Skxrt. 1. S. To bring in your votes for governor, counsellor, senator, county treasurer and register of deeds. 4. To determine the number of representatives said town will choose the present year. 5. To choose one or more representatives to rep- resent said town in the general court, to be holden at Concord on the first Tuesday of June next. 6. To, &c. Given under our hands and seal, this tenth day of February, in the year of our Lord eighteen hundred and twenty-five. J. F. ) Selectmen J, C. [ of J. S. 1 Chester. FORM NO. V. Seketmm's cerHfiaUe of w^ce, ^c. Chester, March 8, 1826. We the subscribers hereby certify, that we gave no- tice to all the inhabitants of said town qualified to vote in the choice of senators in the state legislature, to meet at the time and place and for the purposes with- in mentioned^ by posting up an attested copy of thjs within warrant at the east meeting house, and a like copy at the west meeting house, in said town, on the tenth day of February last past. And we further certify, that on the same tenth day of February, we posted up an alphabetical list of all said inhabitants to the best of our knowledge at the inn of P. R. in said Chester, and left with the town clerk a like list. J. F. ) Sekctmen J. C. > of J. S. S Chuter. Sect. 1. Tofwn Meetings. 7 FORM NO. VI. Form of an applic(Uion to the selectmen of a tovm to have any matter inserted in a warrant for calling a meeting. To the selectmen of the town of Concord. Gentlemen, — You are respectfully requested bj the undersign- ed, freeholders and inhabitants of the said town, to in- sert in the_ next warrant you may issue for calling a meeting in said town^ for the consideration of the legal voters, an article in substance as follows, viz. To see if the town will vote to discontinue the highway in said town, leading from to A. P. G. D. &c. Concord, May 1, 18S7. FORM NO. VII. Form oj an application to a justice of the peace to call a tovm meeting, when the selectmen of a tovm neglect or refuse to call a meeting or to insert a particular article in a warrant Jor calUng a meeting. To A. B. Esquircy one of the justices of the peace for the i 2^ > county of Merrimack. The undersigned, being one sixth part of the legal voters in the town of Concord, in said county, respect- fully shew, that, otk the first day of May last, A. C. W. M. &c. made application to the selectmen of said town, in writing, as follows : [/fere insert the application.'\ Tet the said selectmen have wholly neglected and re- fused to comply with the request in the said applica- tion contained. Wherefore the undersigned request 8 * Town Meelii^S' Sgct. 1 . jrou, the said justice, to issue a warrant in due form of law, for the purpose of calling a meeting of the inhabitants of said town, to act upon the article con- tained in said application. M. A. C. W. &c. FORM NO. VIIL Form of ike toarrant to be issued By ajusHce of the peace for calling a tovon meetinsr^ upon an applicaiionj as m form JVb. ril. STATE OF NEW-HAMPSHIRE. To A. P, one of the constcAhs of the town of Concord^ in the county of Merrimack^ L. 8» GREETING. Whereas application has been made to me, the un- dersigned, one of the justices of the peace for said county of Merrimack, by one sixth part of the legal voters in said town, to call a meeting of the inhabit- ants of said town to act upon the article hereinafter mentioned ; and whereas it has been made to appear to me the said Justice, that the selectmen of said town, upon application to them duly made for the pur- pose, have neglected and refused to insert said article in the warrant for calling a meeting of said inhabitants by said selectmen, issued next nfter the said applica- tion to them. Therefore you are commanded and required, in the name of the State of New-Hampshire, to notify-and warn the inhabitants of said town qualified by law to vote in town affairs, to meet and assemble at the meet- ting house in said town, on the first day of August next, at one of the clock in the afternoon, to act upon the following subjects : 1. To choose a moderator to preside at said meet* ; inj. Sect. 1 . Town. Mittings. ' 9 %. To see if the town mrill .yote to discontinue the highway m said town, leading from to Hereof fail not, and^naake returc of this warrant, with your doings thereon,to the clerk of said town,at the time and place above mentioned. Given under m]r hand and seal, this first day o Ju* ly, A. D. 1827. A. B. For the form of the constable's return to this warrant, see form No. 2, in this section. FORM NO. IX. Form of ati ojiplicotfon to a Justiu of the Peace to call a meeting in a town white there are no town, offiure* To ti. M. Esquirey one of the Justices of the Peace for the county of Rockingham. TsB Hndersigiied, freeholders of the town of H. in said county, respectfully shew, that there arer in said town of H. po town officers who are by lai^ authorized to call a meeting of the inhabitants of the same town, and that it is necessary that such officers should be immediately chosen, and other things should be done by the said town. Therefore the undersigned request you, the said Justice, to issue a warrant in due form of law, for the purpose of calling a meeting of the inhabitants of said town, to act upon the following subjects : 1 . To choose a moderator to preside at said meet- ing. 2. To choose all necessary town officers. 3. To,&c. W. M. S. Y. 4;c. 10 Town Meetmgi. Sbct. 1« FORM NO. X. Farm of a warrant to be isssued by a Justice of the Peace for caUing a tovm meeting upon an appticatian as in Form JVo. IX. STATE OF NEW-HAMPSHIRB. To ^, M. S. one of the freeholders of the town of H. m the county of Rockingham, \ SEAL GRBETING. Whereas application has been made in writing to me the undersigned, one of the Justices of the Peace for said county of Rockingham, by ten freeholders of said town of H. to call a meeting of the inhabitants of said town, to act upon the subjects hereinafter men- tioned : and whereas there are in said town no towo officers who are by law authorized to call a meeting of the inhabitants of said town, Therefore you are commanded and required, in the name of the state of New-Hampshire, to notify and warn the inhabitants of said town qualified by law to vote in town a£rairs,to meet and assemble at the meet- ing house, in said town, on the first day of August next, at one of the clock in the afternoon, to act up- on the following subjects : 1. To choose a moderator to preside at said meet- ing. 2. To choose all necessary town officers. S. To, &c. Hereof fail not, and make return of this warrant with yrur doings thereon at said meeting. Given under my band and seal, this first day of Ju- ly, A. D. 1827. A. M. Sect. 1 . Town Meeiingi. 1 1 FORM NO. XL Farm of the freeholder's return upon a warrant lo cdU a fneettngm ^— , August 1, 1827. Pursuant to the within war- rant, I have notified and warned the inhabitants of the town of H., qualified to vote in town affitira, to meet at the time and place within mentioned, by pos- ting up an attested copy of said warrant at the meet- ing house in said town, on the tenth day of July last, being more than fifteen days before the date hereof. A. M. S. SECTION 2. OF THE QUALIFICATIONS OF TOTERS. The constitution declares that ^^every male inhabitant of each town and parish with town privileges, and places tinincorporated in this state, of twenty-one years o^ age and upwards, excepting paupers and persons excused from paying taxes at their own request, shaii have a right, at the annual and other meetings of the iuhabitants of said towns and parishes, to be duly warned and holden annual- ly forever in the month of March, to yote in the town or parish wherein he dwells for the senator in the district whereof he is a member.^^ The constitution also declares that '* all persons quali- fied to TOte in the election of senator, shall be entitled to vote within the district where they dwell in the choice of representatives ;'*' and that the qualifications of elec- tors of the governor shall be the same as those for sena- tors/» 12 Thwn Meetings* Sect, S. The constitution of the United-States declares, ^Hhat the hoase of representatives shall be composed of mem- bers chosen every second year by the people of the sev^* eral states, and the electors in each state shall have the qnalifications requisite for electors of the most numerous branch of the state legislature." The statute of Jane 19ytB2a, entitled ^^an act dtrectiii^ the mode of choosing and appointing electors of :pre«l- dent and vice^preside^^t of the United-States," providas, that the electors shall be chosen by the inhabitants of the town, qualified to vote for senators in the state i^SK lature. The statute of June 26^ 1827, section 1, enacts,^^ that every male inhabitant of each town in this state, an^ of each unincorporated place, whose inhabitants may be re- quired io assess taxes upon themselves for the support of government^ being a native or naturalized citizen of the United-States, of the age of twenty-one years and up- wards, excepting paupers and persons excused from pay- ing taxes at their own request, shall have a right, at the annual and other meetings of the inhabitants of said towns and places, to vote in the town or place in which he dwells and has his home." And the statute of June 28, 1827, section 2, enacts, '4hat every male inhabitant of each town, of the age of twenty one years, excepting paupers, and persons ex- cused from paying taxes at their own request, shall have a right to vote in the town where he lives, or of which be is an inhabitant, in any town meeting, in any matter that mav come before such town." Sect. 3. Town Metiings. 13 SECTION 3. or THE CHOICE AND DUTIES OF M0PEBATOK8* Thestatate of June 28, 1827, section 6, eoacts, "that at everj town meeting a moderator shall he first chosen by ballot bj a majority of yotes, who shall then be em« powered to manage and regulate the business of the meet- ing ; and when any vote declared by the moderator^ which vote shall ha?e been tHken in any other way than by bal- lot, shall immediately and before any other business is commenced, be scrupled or questioned by seven or more of the voters present, the moderator shall make the vote certain by polling the voters. And no person shall speak in tlie meeting without leave of the moderator, nor when any person is orderly speaking, and all persons shall be silent at the desire of the moderator, on pain of forfeit- ing one dollar for the breach of every such order, to the use of the town ; and if any person, after being notified by the moderator of such offence, or being out of order^ shall persist in such disorderly conduct, or shall in any way disturb the meeting, the moderator is hereby author- ized and empowered to command any constable of said town to carry such disorderly person or persons out of the meeting, and detain liim or them until the business of the meeting is finished, and it shall be the duty of the constable to obey such order and command, and he is here- by authorized to command such assistance as may be necessary." Any person who is guilty of disorderly behavionr In a town meeting, is by the common law liable to be in- dicted and punished. — X^Mass. R. 385, Cotnmonwealth vs. Hoxt^. 3 14 Town Meetings. Sect. 4. SECTION 4. ■ OF THE KANNER ' OF HOLDING TOWN J^EETtNOS FOR THE CHOICE OF TOWN, COUNTY, STATE, AND OTHER OFFICERS. The statute of June 26, 1827, entitled "an act mord effectually to secure to the citizens of this state thei^ rights of suffrage," section 2, enacts, " that the selectmen of the several towns and places aforesaid, shall lodge with the cleric of the town or place, and shall cause to be posted dp in some ptrhlic place or places in such towns or places respectively, fifteen days prior to any meeting for the choice of state and county officers, representatives in the congress of the United-States, or electors of president and vice-president of the United-States, an alphabetical list of all the legal voters in such town or places ; and it shall be the duty of the selectmen to place on said list the name of any legal voter which may have been omitted, on re- ceiving satisfactory evidence thereof ; and at every town meeting for the purposes aforesaid, the town clerk shall check on said list the name of each voter, and in case any person shall offer to vote, whose name is not on said list, the moderator, in presence of the selectmen, whose duty it shall be to attend, shall decide whether such person be a legal voter ; and if it be decided that such person is en- titled to vote at said meeting, his name shall be entered on said list, and checked in manner aforesaid ; and the se* lectmen and town clerk shall assist in sorting and coun> ting the ballots, but no other person shall in any wise in- terfere therewith. And it shall be the duty of the mod- erator to cause the avenues to and from the place of vo> ting to be kept clear, so that the legal voters may have free access thereto, and pass without interruption.^' ^ ^^That the selectmen of the several towns and places, shall provide, at the expense of such towns and places, a suitable box or boxes to receive the ballots of the lega^ voters, on which ballots shall be written or printed the name or names of the person or persons voted for ; and the ballots shall be given in, in the manner following, that is to say, each voter shall deliver his ballot to the moderator in open meeting, and the moderator, on recciv- "^^^^^^''^mfmmmmmmmtfmmmmmmmm ^ iDg the ballot, shall direct the town clerk to check the name of the Voter on the list to be provided as afo)r£:8aid, and the moderator shall, without inspecting the name m names of the person oj: persons voted for, examine the bal- lot so far as to determine whether the same contains more than one ticket ; and if it do not, he shall place it in the ballotUng box ; but if it does contain more than one tick- et, the moderator shall make it manifest to the meetings and reject the sanie.^ ^ ^^That it shall be the d^ty of the moderator of any meeting holden for the purposes aforesaid, to declare in open meeting, at the close of the poll, the state of the vote or vote9 ; and no ballot shall be received and coun- ted after the state of the votes shall have been declared as aforesaid.^' ^^ That during the day on which any meeting shall^be bolden for the purposes aforesaid, no inhabitant of any town or place, who is entitled to vote therein, shall be liable to arrest on any civil process whatever.'^ "That if any person or persons in any town in this state shall directly or indirectly give spirituous liquors to the voters of any such town on the day of election, or at any prior or subsequent period, and it shall be made to appear that the same was done with a view tny vote to the number of votes legally given in such meeting for the choice of my officer usoaliy chosen by ballot, he shall forfeit the sum of kirty dollars for each and every vote so received and counted, emheazled, or added, to he recovered by an action of debt, one half to the «se of the town or place where the offence may be committed, and the other half to the use of the person who may sue for the sajae.'^ ('That if any moderator, seleclBMB or selectmen, pre** siding at any meeting of any town mr place in this state, for the choice of any officer or officers usually chosen by ballot, shall receive and count ady vote given at said meet- ing by proxy, and withofut the persooal delivery of such vote by the person entitled to give the same, he or they shall forfeit the sum of twcmty dollars for each and every vote s<\ received and couoted, to be recovered by action of debt, one half to the use of the town or place where the offence may be conimitted, and the other half to the use of the penen who may sue A>r the same/' "That if any person shall give any false answe^r or false name to the officer ^pnssiding at su er half to the use of him who may sue for the same. provided^ always^ that no person shall be obliged to serve in any office in any town two years successively, nor shall any person in any case be compelled to serve as a c^lliector of taxes.^' "That when there shall be a vacancy in any town of- fice, by reason of the death of any town officer, or by reason of the non-acceptance of any person chosen into any ofBce, or by reason of any person becoming noiz co/ai* pos mentis^ in the judgment of the town, or where thi^re shall be a vacancy in any other way, or when there shall be a want of any town officer, or officers, the said inhab- itants of such town, at any legal meeting, duly warned and holden in such town, or at the adjouf'nment of the annual meeting, may proceed to fill up such vacancies, ^% Town Meetings. Sfx:T. 6. and choose such officer, or officers, as may be wanting ; and the officer, or officers, so chosen and sworn, shall-have the same power and authority as though chosen at the annual meeting for the choice of town officers. And in every such' case, the person filling such vacancy is au- thorized to take up the business appertaining to his office, where his immediate predecessor in office left it. and to proceed to the full execution and discharge of the same, as fully, to all intents and purposes, as the officer first cho- sen into said office that year, might or could have done. And all officers, chosen at said meetings, shall be liable to the same penalties and forfeitures tor not accepting, or not taking the oath of office, and for every neglect of duty in their respective offices, as though such officers were, or had been, chosen at the annual meeting for the choice of town officers." ^^That in case any collector of taxes in any town in this state shall die, abscond, or become non compos tneti- iis^ before he shall have completed the collection of the several sums in his list contained, the inhabitants of any such town may, at any public meeting duly holden in such towDy choose a collector in his room, who shall have pow- er and authority to finish the collection of the sums in 6uch list contained, in as ample manner as the collector, to whom such list was originally committed, could have done, and shall be liable for the taxes outstanding at the time he received the list, in the same manner as other collectors are by law answerable for the lists committed to them to collect." ^^That if any town or place shall neglect or refuse to choose a collector, or collectors, or shall refuse to fill up a vacancy, in case the office be vacant, in either of the ways before mentioned, in every such case the selectmen of such town, or place, shall and may make such choice, or (ill up such vacancy, and the person so appointed by the selectmen, shall have all the power and authority to collect any state, county, or town taNes, and shall be li- able to the same pains and penalties and liabilities^ in case of neglect of duty, as collectors chosen by the in- habitants of any town, or place, by law are, or may be, liable. And the selectmen may allow such collector, by them so appointed in the case aforesaid, a reasonabJQ SfecT. 6. T&wn MceU^gf. S3 sirai for his trouble^ and may charge the same to the town." <^That the inhabitants of any town may, at their anna-* al meeting, duly holden for the choice of town officers, by vote, authorize the selectmen of such town to ap- point a collector, or collectors of taxes for such towns, and the collectors, so appointed by the selectmen, shall baye the same pon ers, and be subject to the same liabil- ities, as they would have and be liable to, had they been chosen by the inhabitants of such town." ^^That the selectmen, whenever they appoint a collec- tor, shall take bonds to their respective towns, with suf- ficient sureties for the faithful performance of bis duties, and shall also agree, in behalf of their towns, with such collector, on the rate, or amount of compensation to which he shall be entitled for his services^ which agreement shall be in writing, and signed by the selectmen and col- locutor." '^That all places unincorporated, which shall from time to time be ordered to pay any part of the public taxf s, shall be, and they hereby are, invested with all the pow- ers which towns in this state, by law have, so far as re- lates to the choice of assessors, selectmen, and collectors, and the persons chosen into said offices respectively, shall be liable to the same penalties, forfeitures and pro- cess, for not taking the oath of office, and for the neglect of duty, in any thing pertaining to their respective offices, as such officers in towns by law are ; and the inhabitants of such unincorporated places who may neglect or refuse to choose assessors, selectmen, and collectors, shall be li- able to the same process as the inhabitants of towns so refusing or neglecting ; and any justice of the peace, up- on the application of any five inhabitants, of any such place, shall warn a meeting for the choice of such offi- cers, in the manner he is authorized and required by law to do, on the application of the inhabitants of any town, on the neglect or refusal of selectmen ; and the assessors of such places shall have the same powersin this respect, and it shall be their duty to warn meetings in such places for the choice of the officers aforesaid." "That where any town or place, by law liable to pay public taxes, have refused or neglected, or shall refuse S4 Tinvn Mteiingi. Sect*. 6. or neglect to choose proper officers for aMessiiiff aed collecting taxes, according to law, the treasurer of the state, and th^ coonty treasarers respectively, are empow- ered and aathorized to issue their executions against the inhabitants of such towns or places, and the persons from whom such sums shall be levied, shall have contrlbntioo against the other inhabitants of such town or place, for snch sums so levied from thera as aforesaid, and all costs and damages by them sustained^ and shall recover double costs of suit.'* FORM NO. L Form of tlie oath to be administered to tovm officers as pre-- scribed by statute. You do solemnly swear, that you will failhfaily and impartially discharge and perform ail the duties in- cumbent on you as a according to the best of your abilities, agreeably to the rules and regulations of the constitution and laws of the state of New-Hampshire. So help you God. FORM NO. !!• Fomi of a warrant to be directed to a constable to notify town officers to takt the oath by law prescribed. STATE OF NEW*HAMPSBIRE. To A. P. one of the constables of the town of Concord^ in the county of Merrimack. GRECTINO. The following is a list of those persons, who were ^ this day chosen into office at a meeting of the inhabi- '^ tants of said town, and of whom an oath is by law re- quired, viz* G. H. &c. And you are hereby required in the name of the State of New-Hampshire, within four days from the Sect. 5. Town Meetings. 25 date hereof, to notify and summons each of the said persons to appear before the clerk of said town, with- in six days from the time of your giving notice, totake the oath by law prescribed to be taken by town offi* cers. Hereof fail not, and make return of this warrant, with your doings thereon, within ten days from the date hereof. Given under our hands, this eighth day of Mairch, 1835. C. W. > Sekdmen of M. L. ) Concord, FORM NO. III. Form of the €on8tabk''s return* Concord^ March 16, 1825. Pursuant to the within warrant, I have notified and summoned A. P. by read- ing to htm this warrant, and I have notified and sum- moned C. D. by leaving at his last and usual place of abode an attested copy of this warrant, to appear be- fore the town clerk, and take the oaths of their re- spective ofiices as therein directed. W. S. Constable of Concord. FORM NO. IV. Pomi of an appointment of a collector by the selectmen. To *S. P. of Concord^ in the county of Merrimack^ GREBTmo. Whereas, the said town of Concord has neglected and refused to choose a collector for the year 18S8. OR Whereas, the said town of Concord has neglected and refused to choose a collector to supply the vacan- cy occasioned by the death of W. 8. one of the col- lectors of said town for the year 1828. 4 26 T&wn Meetings. Sect* 6* OR Whekeas, the inhabitants of said town of Concord, at their annual meeting, legally holden on the day of March, 1838, did, by vote, authorize the selectmen of the same town to appoint collectors of taxes for said year. The undersigned, selectmen of said town, reposing entire confidence in vour integrity and diligence, do appoint you the said A. P. a collector of taxes for said town, and you arc to execute all such powers, as by law appertain to the said office, for the year afore- said. Given under our hands this first day of April, A. D. 1828. CM. L. O. W. C. FORM NO. V. J^orm of a bond to be given by collectors. Know all men by these presents, that we, A. P. of Concord, in the county of Merrimack, gentleman, as principal, and C. D. and E. F. cf the ^ame Concord, yeomen, as sureties, are held and firmly bound to said town of Concord, in the sura of two thousand dollars, to be paid to said town, to whieh payment well and truly to be made we bind ourselves and our heirsyfirm- ly by these presents. Sealed with our seals. Dated this first day of April, A. D. 1828. The condition of this obligation is such, that where- af9 tb«. above bounden A. P. has b een af^pointed. a ^ pl- lector of taxes for said town of Concord for tb« year 1828. Now if the said A. P. sh^H well ajid faithful- ly perform all the dutieaof bis siud office, then this Sbct. o. Town Meaings. 27 obligatioQ to be Toid, otherwise to remain in full force and virtue. A. B. & seal. C. D. &seal. E. F. &seal. Sig^aed, sealed atid delivered, in prese&oe of as, w. s, c. s. FORM NO. VI. Form of an agreement between telectmen and a collector of iaxes^ asio the compensation of the latter. MgmoiulNDUIc. It is agreed by and between A. B. r each and every soch neglect, forfeit and pay a fine not ex- ceeding erne hundred doUan nor less than twenty dollan^ to be recovered by indictm^t, the one moiety thereof for the use of the prosecutor, and the other moiety there- of for the use of the town to which such delinquent clerk shall belong." '^That if any sheriff shall neglect to make return agree- ably to the constitution, of the votes of each anJ every town within his county, for all or any of the officers a- foresaid, that may seasonably come to his hands or custo- dy, he shall forfeit and pay a fine of one hundred dollars for each town so neglected to be returned, to be recover- ed by indictment, the one moiety thereof for the use of the prosecutor, and the other moiety thereof for the use of the county to which such delinquent sheriff shall be- long." ^^That it shall be the duty of the secretary for the time being, in the month of June annually, to transmit to the attorney-general for the time being, a certificate by him signed, certifying what towns, (if any there be) from which he shall not have received within the time prescribed by the constitution, an attested copy of the votes for any or all of the officers aforesaid, which cer- tificate shall be considered as evidence of the return not being made to his office, and it shall be the duty of the attorney-generfil to prosecute all such delinquent sheriffs and clerks." ^^That whenever any town clerk shall deliver or cause to be delivered in due season to the sheriff of the coun- ty to which he belongs, or to the secretary, a letter seal- ed and directed to the secretary, and by the superscrip- tion thereon, purporting to be votes for any of the offi- cers aforesaid, it shall be the duty of the sheriff or secre- tary, as the case may be, to g^ve a receipt to such town clerk, that he has received a paper purporting to be a certificate of votes for the officers aforesaid from such 34 Town MwtiHge, Sect. 6. f&wn ; and in like manner, wiiener«r any siieriff sliall seasonablj detiir«r lo the secretary aay ktter directed and snpefflcribed as aforesaid, it slnill te tbe duty of the secretary to ^tfe a receipt to sacli sheriff tlierefor, if re- quested.'' FORM NO. III. Form of the ctrtifiiaie* to be gieen to repesentoltve^, of their election. At a legal town meeting, duly notified and holden at Concord, in the county of Merrimack, on the eighth day of March, in the year of our Lord eighteen hun- dred and twenty-five, an alphabetical list of all the in- liabitan^ts of said town, qualified to vote in the election of senators, having heen Jodged with the clerk of said town, and posted up at the inn of P. R. in said Concord, fifteen days prior to said eighth day of March, and the names of eaeh voter having been checked by the town clerk on said list durii^ the bal- lotting, and the number of voters having been as cer- tified by the selectmen four hundred, the votesof the inhabitants of daid town, qaatified as aforesaid, for two representatives to represent said town in the general court of said state, were received by the m<^erator In presence of the selectmen, and were by the same moderator in presence of the selectmen and town clerk^ sorted and counted, as follows : A. B. had 200 votes. C. D. had 200 votes. E.F. had 30 votes. 6. H. had 30 votes. And the moderator aforesaid, in presence of the se- lectmen and town clerk, in open meeting, made a pub- lic declaration of the state of ^ the votes, with the name of every person voted for, and the number of votes each person had, as aforesaid* And A. B. uid SicT. 7. Town Me^ng§, 3£r C. D. baTiog each a majority of all the rotes, were declared to be duly elected representatives of said town for the ensuing year. W. E. Totm Ckrk. A true copy of record. Attest, W. E. Town Clerk. SECTION 7. OF THE ELECTIOIV OF REGISTERS OF DEEDS AND C0U5' TT TREASURERS. The statute of July 5, 1827, entitled "an act prescri- bing the duty and directing the mode of choosing regis- tec of deeds and county treasurer, and* providing for the payment of county expenses,'' enacts, '*That there shall be chosen annually on the second Tuesday of March in each county in this state by the written or printed votes of sucH inhabitants of the several towns in said counties respectively, as are by the constitution qualified to vote for senators, a register of deeds and a county treasurer. And the meetings of the said inhabitants for the purpose aforesaid shall be duly warned and holden in their re- spective towns, and be governed by a moderator, who shall in the presence of the selectmen, whoso duty it shall be to attend, in open meeting, receive the votes of all the inhabitants present, and qualified as aforesaid, and shall in presence of the selectmen and of the town clerk, in open meeting, sort and count the said votes and make a public declaration thereof, with the name of every person voted for, and the number of votes for each per- son, and the town clerk shall make a fair record of the same at large in the town book and shall make out a fair attested copy thereof, to be by him sealed up and direc- 36 Town Meetings. Sect. 7. ted to the jaatices of the court of common pleas in the same coanty, with a sciperscriptioD expressing the pur- port thereof, and shall transmit the same to the said jus- tices on the first day of the sitting of said court at the stated term next after the month of March, in every year. And the votes being examined by said court, the person having the highest number of votes for either of ' said offices, shall be declared duly elected, and shall con-- tinue in office one year from the time of declaring the election, and until some person be chosen and qualified to enter upon the duties of the office.^^ '^That if it shall so happen at any time, that livo or more persons of those having the highest number of votes for either of said offices, shall have an equal num- ber of votes, the said court of common pleas shall ap- point one of the persons so having an equal number of votes, who shall be declared duly elected.'^ "That no person shall be eligible to either of said of- fices, who shall not be, at the time of his election, a free- holder and resident in the county in which he is chosen ; and no person shall be considered as qualified to enter up- on the duties of either of said offices, until he shall have taken the oath by law prescribed for civil officers, and have given bond for the faithful discharge of the trust, with such sureties, and in such penal sum as the said court shall order : which sum shall, in no ca^e, be less than two thousand dollars, nor more than fifty thousand dollars." *'That the said court of common pleas shall have pow- er to remove from office any person holding either of said offices, for misconduct in the discharge of the duties thereof; an*! to declare said offices vacant, whenever the persons holding the same shall die, remove from the county, or become non compos meniii. And in ca«e the person chosen into either of said offices, in cither of the vvays before mentioned, shall decline to accept the office to which he may be elected, or shall be, at the time of declaring such choice, non compos mentis^ or shall, at said time, have removed from the county, or shall have died before said choice is declared, and also in case of the death, resignation, or removal from office, of any person holding either of said offices, the said court of ■■ Sect. 7. Town Meetings. 37 common pleas shall appoint some person to take the charge of the papers and books belonging to the office so vacant, and to' perform the duties of the same office un- til a register of deeds, or tieasurer, can be legally cho- sen by the people. And the person so appointed shall be a freeholder, and resident in the county, and shall, be- fore he begins the discharge of said duties, be sworn and give bonds in the same manner that registers of deeds and county treasnrers are herein before required to be sworn and to give bonds. And the persons so perform- ing the duties of either of said offices, shall be entitled to all the emoluments belonging to the same. And when- ever it may be necessary in the opinion of the chief, or tirst justice of said court of common pleas, to appoint a special session of the same court, for the purpose of ex- amining and determining the necessity of declaring ei- ther of said offices vacant in any county, the said chief, or first jastice, is hereby authorized to appoint such spe- cial session to be holden at some convenient place, either in the county where it may be deemed necessary to de- clare such vacancy to exist, or in any other county ; and any two or more of the justices of the said court, con- vened at such session, shall, in the cases aforesaid^ have authority to declare either of said offices vacant in any county, and to appoint some person, as aforesaid, to exe- cute the duties of the office as aforesaid." ''That the bonds to be given by the register of deeds, or by the person appointed as aforesaid to perform the duties of the office, shall be given to the county by its corporate name, and shall be for the benefit of the per- son or persons injured by the misconduct of the register of deeds in his said office, or of the person performing the duties of said office as aforesaid ; and shall be put in suit by order of the court of common pleas, and execu- tion shall issue from time to time for all such sums as any person, or persons, shall have recovered judgment for against such register of deeds, or such person executing the duties of the office as aforesaid, and for which they shall not have otherwise obtained satisfaction. And the bonds given by the county treasurer, or the person ap- pointed as aforesaid to perform the duties of the office, jshal I be given to the county by its corporate name, and 6 3S Tovm Meetings. Sect. 7, shall be for the use of the county, aofl shall be put Id suit by order of the said court, and execution shall issue on any judgment obtained thereon for all such sums not exceeding the amount of such judgtuent as the treasurer shall be in arrear in his account with the county, and the suit shall be commenced in an adjacent county. And the bonds given by the register of deeds, or by the person appointed as aforesaid to perform the dirties of the office ; and the bonds given by the county treasurer, or by the person appointed as aforesaid to do the duties of the of- fice of county treasurer, shall be lodged with the clerk of said court." ^*That no clerk of any court in this state shall, at the same time, be register of deeds and county treasurer, nor shall any person be, at the same time, register of deeds and county treasurer." ^^That it shall.be the duty of the register of deeds to keep bis office open daily, in the same county, Sundays excepted, and to keep the books, records, files and pa- pers to the said office belonging^ and for the fees by law established, to record all deeds and instruments in said of- fice to be recorded, that shall be brought to him for that purpose ; and every deed received and filed by the regis- ter of deeds, shall be recorded by him, and he shall not suffer the same to be taken out of the office until the same be recorded." '^That thely such vacancy, and the same proceedings shall be had as are herein be- fore prescribed ; and the person or persons having a ma- jority ef votes on the second, or the highest number on any af^er ballotting, shall be declared duly elected, and a certificate of the election of the person or persons cho- sen to supply such vacancy or vacancies shall forthwith be transmitted to him. Frovidea however^ that in case the precepts so issued shall in any case direct the meeting to supply such vacancy, to be held on the second Tuesday of JMarch in any year, the votes so given in at such meeting may be returned and counted at the times speci- fied in the first section of this act/' 60 Town Mutingi. Sicr. 9. ^^That the several town clerks and sheri£b shall be lis* ble to the same penalties for neglect of the daties enjoined on them respectively by this act, as they are by law liable to for neglect in retaming the votes g^ven for govemer, counsellors and senators.*' For tho Form of the record of the votes, see section 5, Form No. Vll. in this chapter. FORM NO. I. Farm of a return of votes for rq^rmmkttkes in the etn" gress of the United States* At a legal town meeting, duly notified and holdenat Concord, in the county of Merrimack, en the eighth day of March, in the year of our Lord eij^teen nu- dred and twenty-five, the following votes of the inhab- itants of said town, present and qualified to vote far senators, were given in for six persons to repreteet this state in the congress of the United States, and were received in presence of the selectmen of said town, in open meeting, by the moderator thereof, who in said meeting, in presence of the selectmen and town clerk, sorted and counted said votes, and made a public declaration thereof, with the name of everv person voted for, and the number of votes for each person, as follows : For A. B. - - - - 64 votes. For CD.- - - - 81 votes, &c. W. E. Town Cferfe. A true copy of record. W. E. Totm Ckrk. FORM NO. II. JPorm of the superscription upon the copy of the record. To the secretary of the state of ^ sis' Hampshire. A copy of the record of the votes given in the town of Concord, for representatives in the congress of the United States, March 8, 1825. (51 ) CHAPTER II. 07 TBS PBA'wnr eog asLAxm awd bbvxt JTOOB0. The statute of July 4, 1827, entitled ^' an act regnlat- ing the selection and services of grand and petit jurors,'' enacts, ^^ that from and after the passing of this act, it shall be the dntj of the selectmen of each town, and each place having the privileges and powers of a town, to make a list annually in the month of December, of such persons, being inhabitants of their respective towns, of good moral character, and having a freehold of the value of one hundred and fifty dollars, or other estate of the value of two hundred dollars, as they shall judge most suitable, and best qualified to serve as jurors, excepting the gov- ernor, the judges and clerks of the common law courts, the secretary and treasurer of the state^udges and regis- ters of probate, registers of deeds, sherim and their depu- ties, counsellors and attorneys at law, ordained ministers, and practising physicians and surgeons. Provided however^ that said list shall in no case contain the names of more than twelve persons in towns containing less than one hundred and fifty ratable polls ; ttventy in all other towns containing less than three hundred ; twenty-five in all other towns containing less than four hundred ; thirty in all other towns containing less than twelve hundred ; and forty in all other towns, containing more than twelve hun- dred ratable polls ; and said list shall contain as nearly as Oiay be the above numbers. And the list thus aanuaHy made by the selectmen, shall be by them kept and deliv- ered over to their successors in office. And the select- men shall write the names oi the persons on said list upon separate pieces of paper, and put them into a box, to be provided by said selectmen for that purpose ; which box shall be delivered to the clerk of the town or place^ to be by him kept under lock.'^ 52 Grand and Petit Jurors, "That the vemire fcxias for jarbrs shall be issaed b}* the clerks of the superior court of judicature, and of the court of common pleas, fortj days at least before the day of the sitting of the court to which it is returnable ; and shall be directed to the clerk of the town or place, re- quiring him to cause to many persons to be selected and returned, of those duly qualified within the town or place of which he is clerk, as shall be mentioned in the venire ; and the clerks of the respective courts shall deliver the venires for the selection of jurors to the town clerks to whom tbey may be directed, at least twenty -five days be* fore the sitting of the court, to which they may be return- able^ or to the sheriff of the county, at least forty days before the sitting of the same court And the sheriff shall cause all venires which may be seasonably delivered to him, to be delivered to the town clerks respectively^ at least twenty-five days before the sitting of the court to which they may be returnable. And if any clerk or sheriff^hall make default herein, he shall be fined by the court, where the same default shall be made, for eaeh of^ fence in a sum not exceeding twenty dollars. And the town clerk upon receiving the venire, shall by warrant under his owb hand, notify in the usual form and manner, the inhabitants of the town qualified to vote in towa af- fairs, and particularly the selectmen, whose duty it shall be to attend, to assemble and be present at the selection of the number of jurors mentioned in the venire ; which meeting shall be held not more than twenty nor less than six days before the sitting of the court to which the venire shall be returnable." "That for the more orderly proceeding at such meeting, the qualified voters in town afi^irs who shall be present, shall choose a suitable person to be moderator of the meeting. And until a moderator shall be chosen, the town clerk, whose duty it shall be to attend the meetings or in case o£ his absence, one of the selectmen shall gov- ern the meetiog. And that a selection of jurors may be fairly and impartially mode, the towa clerk, or in case of his absence, one of the selectmen shall carry into the said meeting the said box locked, which shall be there unlock- ed, and the pieces of paper containing the names as a&re* said, mixed by the town clerk or one of the selectm^^u ; Grand and Petti Juron* 63 and the moderator of the meeting shall draw from thehox, which shall he held at the time hy the town clerk, (m* one of the selectmen, in such manner, that the pieces of pa- per containing the names as aforesaid cannot be seen by the moderator, so many pieces of paper as there shall be persons required hy the yenires. And the persons, whose names shall be upon the pieces of paper thus drawn, shall be retamed to serve as jurors. And the town clerk shall make a record of the doings of the said meeting, tr hich dhal) state the time of holding it, the name of the mod* erator, and the name or names of the person or persons drawn to serve as jurors as aforesaid. And the persons, whose names may be thus drawn, shall not have their names again in said box, at any time within two years from the time when they may be so drawn as aforesaid.'* ^' That previoQsly to the carrying of the said box into any meeting as aforesaid, the selectmen shall inspect the list of persons whose names nrein the box, and if any per- son or persons, whose name or names may be upon said list, and may have been put into the box as aforesaid, shall have deceased, have removed from the town, or be- come in any way disqualified, unable or unfit to serve as a juror, the name or names of such person or persons shall be withdrawn from the box, and the names of other per- sons, duly qualified, substituted.*" ^^ That the town clerk shall send a notice in writing by the hand of the constable, or deliver the same to the per- son or persons selected as aforesaid ; which notice ^aii be delivered to them respectively, or left at their respoc* tive places of abode at least four days before the sitting of the court, at which they are to serve ; and shall state the time when their names were drawn, the court at which they are to attend, and the day and hour wh^n they are to appear. And the town clerk shall certify to th^ clerk of the court from which the venire issued on the back thereof, the names of the persons selected to serv^ as aforesaid, and that they have been notified as aforesaid, and shall cause the venire to be returned to the clerk ot* the court, at or before the hour when the jurors tpay have been notified to attend as aforesaid.^' ^*That if any person selected and notified as aforesaidf to attend as afoeeaaid» shall unnecessarily and without ivffi- 6* 54 Grand and Petit Jurort* ' cieQt caafie, aeglect to aft^d agreeably to the notice gir- en to him, he shall be fioed by the court, by whose order the venire issued, in a earn not exceeding twjpnty dollars.'* ^' That if any town clerk, having received such precept from the clerk of either of the courts aforesaid, shall neglect to warn a meeting of the inhabitants of his town, qualified as aforesaid, or shall neglect to notify and sum- mon the petsons selected as jurors as aforesaid, or shall not make due return of the precept to him directed with his doings thereon^ he shall pay such fine as the court, by whose order the venire issued, in their discretion may impose, not exceeding twenty dollars. And if the select- men of any town shall wilfully neglect to make a list as aforesaid, or to put the names of the persons upon the list into the box as aforesaid, or shall neglect to regulate the box as aforesaid, previously to its being carried into any meeting, or shall put upon the list a greater nnmber of names than is by law allowed, or shall put into the box the name of any person not duly qualified, or shall put upoa the list the name of any person at his own request, or at the request of any other person, or shall withdraw irom the box within the year, the name of any person who shall have been legally put upon the list, without sufficient cause, or shall be guilty of any fraud br collusion with respect to the drawing of the jorors to serve as aforesaid, every 8electman,so offending, shall forfeit the stun of fiAy dollars for each offence, to be recovered by indictment, for the nse of the town where the offence shall be com- mitted. And if any moderator of any meeting, held for the purpose aforesaid, shall at such meeting draw Irom the box a greater number of names than the anmber mentioned in the venire, or shall be guilty of any fraud or colifision in drawing the same, or shall retqm to the box any name duly drawn, and draw another in lieu of it, every moderator so offending, shall forfeit for each and every such offence the sum of fifty dollars, to be recover- ed by indictment, for the use of the town where the of* fence shall be committed.'^ <' That if a sufficient number of grand jurors do not appear, the court may order the sheriff to return grand jurors of such persons present as occasion shall require and the court shall judge necessary, provided the number Chrand and Petit Jurors. 65 wanted do not exceed five ; and tbe sheriff is hereby ordered aod directed to do the same accordioglj.^' ^' That tile justices of the respective courts aforesaid, are hereby directed, upon motion from either party, in the caase to be tried, to pat a juror to answer upon oath, (whether returned as aforesaid, or as talisman,) whether he expects to gain or lose by the issue of the cause thes pending ? whether he is in any way related to either par- ty ? and whether be has been of counsel to either party, or directly or indirectly given his opinion, or is sensible of any prejudice in the cause ? And if it shall appear to the court that such juror does not stand indifferent in said cause, he shall be set aside from the trial of that cause, and another appointed in his stead. And the sheriff and coroner respectively are hereby authorised to fill up a jury by returning talismen, as the case may require.'' ^^ That upon any emergency, a sufficient number of ju- rors may he appointed and sucnmoned while «aid courts respectively are sitting. And tbe venire ahall be issued to the clerk of tbe town er place immediately, and the names drawn according as this act directs. And in such cases the clerk of the town or place shall warn a meeting forthwith, and tbe number of jurors required in the venire shall be immediately drawn as aforesaid, and notified to attend the service of the court from whence the venire issued, wMeh shall be returned as soon as may be. And the jurors so appointed and notified shall immediately attend accordingly, on the pains and penalties aforesaid, in case of neglect se to de. Aod the town clerks shall be paid for the services, enjoined them by this act, what is reasonable, by the towns and places in which they serve yearljr." ^* That the number of jurors to be summoned at each term, and the towns to which the venires shall be direct- ed for that purpose, shall be regulated by the said courta respectively. Provided^ that each town in tlie respective counties shall be required, in the course of each year, to furnish its due proportion of jurors. And each talisman shall be allowed the sum of one dollar and twenty-five cents fcr each day's attendance.'' 56 Grand and Peiii Jurors. FORM NO. I. T%e farm of a wairrafUfor a muting i» a tatmfor the . purpose of drawing jurors. STATE OF NEW-HAMPSHIRE. To the inhabitants of the t6um of Chester, in the c9un* 5 '^^^ > ty of Rockingham, qttedijied to vote m town af" 1 1^ I fairs, and particularly the selectmen of said town. You are hereby notified auid waiMd te meet at the east meeting house, in said town, oo Monday, the fifth day of September next, at two of the clods in the af- ternoon, for the following purposes : 1. To choose a moderator to preside at said meet- ing- 2. To he present while a grand juror and two petit jurors are drawn, to serve at the superior court of judicature, to beholden at Exeter, on the third Tues- day of September next. Given under my hand and seal, this nineteenth day of August, in the year of our Lord eigbteen hundred and twenty-five* W. E. Toumekrk. FORM NO. II. Form of the town cUrVs return upon the warrant. Chester, September 5, 18S5. I have notified and warned the mhabitants of Chester, qualified as within mentioned, to meet at the time and place within men- tioned, by posting up an attested copy of this warrant at the east meeting house,in said Chester, on the twen- tieth day of August last, being fifteen days before the date hereof. W. E. Town Clerk. Grand and PetU Juiort. ^ i7. FORM NO. III. Form of the record of the drawing ofjwrors* At a legal meeting of the inhabitants of Chester, qualified to vote in town affairs, duly notified and hoi- den on the fifth day of September, A. D. 1835, J. P. was chosen osoderator to preside at said meeting, and the following persons were drawn to serve as jwrors at the superior court of judicatare, to be holden at Exeter Ob tibe third Tuesday of September, A. D. 1896, viz: A» P. as grand juror. C. D. aa petit juror, for t)ie first week of the term. E. F. as petit juror, for the second week of the term. Attest, W. E. Toton Ckrk. A copy of the record of the drawing should be made upon the back of the venire, with a certificate uader it, as follows : A true copy of record. Attest, W. E. Town Ckrk. The town clerk should also certify on the back of the venire, that the persons drawn have been notified. FORM NO. IV. Form of the certificate. I CERTiFT, that the above named A. P. C. D. and £. F. have been duly notified that they have been drawn as aforesaid. W. E. Town Ckrk. SB Grand and Petit Jurors,, FORM NO. V. Form of (he noike to be delivered to the jurors drawn. To E. F. of ChesUr. You are hereby notified that on the fifth day of Sep- tember instant, you were drami^as a petit juror to serre the second week of the term of the superior court of judicature, to be holden at Exeter, in this county, on the third Tuesday of September instant, and you are to appear at said court on Monday, the 26th day of ^aid September, at nine o'clock in the forenoon. W. E. Towh Clerk. Chester, September 6, 1825. (69) CHAPTER in. oar Tata :pAaAMaTFx.ATzov or uonss hxB'^ The 8taliit# of Jone 26, 1 827, eetltled ^*aa act to regit* late the perambalatioii of the lined between towns,^' en- acts, '^ that the Hnea between the towns in this state shall be perainbiilated and the marks and bounds renewed once in every se?en years forever by the selectmen of each town, or by such person or persons as they shall in writing fippoint for that purpose ; and their proceedings shall be recorded in the respective town books ; and the select- men of that town, which hat been longest organized or incorporated, shall give notice in writtngunto the select- men of the towns adjoining, which have nM been so long oiganized or incorporated, of the time and place of meet- ing for such perambulation, ten days before the * day oi meeting ; and where two towns were incorporated on the same day, that which is the highest in the proportion of public taxes, shall be considered as the senior . town ; and if the selectmen, whose duty it is to give such notice, shall neglect to notify in the manner and season by this act required, they shall forfeit the sum of twenty dollars, to be recovered by the selectmen of any junior town adjoin- ing, who are entitled to such notice, by action of debt in any court competent to try the same, one half to the use of the selectmen who sue for the same, and the other half to the use of the town, to which the selectmen sueing for the same belong, to be commenced in one year after such forfeiture shall have been incurred and not afterwards. And in case the selectmen, whose duty it is, shall give such notice as by law they ought to give, but shall neglect to attend at the time and place, agreeably to the notifica- tion, they shall, for every such neglie^st, forfeit the sum of twenty dollars, to be recovered and disposed of in the same manner as the forfeiture above mentioned, and shall *0 Peramhtlatim t>J Linet. be progecuted in the tine therein Umited and net afier- wards And in case the wlectmen of the Juni *r tM^ «fter being duly noUfied to attend soeh perSlatk^' shall forfeit the suni of twenty dollars, to be recorered b/the selectmen of the aeniw town so notifyi^Tn ^v conr proper to try the same, and to be apprSJriated ^ ha f o the selectmen sueing for the sameVand the other half to the nse of the senior town : Prated, the actJOT ^»^„ ^ uu "^«/*«'*- And in defanlt of soch prosT co^prf i^'-"!^*^*'' "^y •»*"♦''« "••'1 forfeitures may be °. cof ered by indictment, in the superior coortof jndicatore, IftU .hi"; °/.!''* *=T.^' ^^ ^»«^ *''»»*» two iearTnext after the forfeiture shall hare been incurred." wnicn towns M tfaie state by law liave, so far aa relatMt* the choice of aseewoM, seiectaan indoSfcL!!? .5 tSeof ri?r'?w^* i""^ **»*'»' '^ *• -^le'toS loereoi ebali be entHled to ooiioe a€cordina>lv AnJ ^k^ am'bSn jfL" r''*' ^«'f 'f*" "f different towns, in per- ambulating the lines of their seroral towns. diwirreVin ?oTnr['fe'l"/S"'''"«^ •''^ boundaries auK^Ts^h for that Durnosf ^ ! .f. * ^^i^orized, on petition to them and renew th*h„i*"'^ '*'"' «"♦"'''"•' such disputed line, of anv annK^oH . .L * *",'*'" interested to be noUfied tthXp^SLed "« kI k". ^"^ *" P"'P«»«' before any to «xa'n^nrrafdrp„'reJHne?e£r^^^^ V'^'^ by a commiffBo h.;ii: '. *""®'^ ^y themselves, or san>e for^e and etct L ,^S "k '''^",! ""^ "''''" ''« "^'^^ «f theselectmenof , aid town,.' "'' """ "" "«"*"""* ■^ feramiuliaiton af L%nt$» $1 *^ That when said dlspoted lines are between towns in liferent coanties, application nhall be made to the court in the county in which the senior town is sit^iated. And In all cases said court m^y order either or both towns to pay the costs of the application, examination, and judg* ment, as they may deem justv*' Some of the proceedings under thrs 'statute, resemble •the proceedings under the old writ* de perambulatione/aT uenda^ which may be found in Fitz- Herbert's natura bretii" «m, 309. That writ was issued with the assent of both parties, incases where there %vere doubts as to the houn-> daries of lands, or ol towns, and was directed to the sher- iff, commanding him to make perambulation, and to set the boundsiand limits between them in certainty.. The sheriff went in his town person, taking with him twelve discreet and Inwful knights, aud made a return under his seal and the seals of four lawful knights, who were pres^ ent at the perambulation, by what metes and divisions that perambulation was made. In modem times, the court of Chancery, in England, has exercised a jurisdiction upon this subject, the nature of which may be understood, by consulting the following cases: Speer vt. Crawter, (17 Vesey^^^ 16, and 2 Meri" vaie. 4105) The Dake of Leeds vs. the Earl of Strafford, (4 Fcfcy, 181 ;) and Miller w. Warrington, (1 Jacob and Walker^ 464.) The Attorney-General v^. FjiUerton, (2 Fs* sey 4" B%ame*s R. 263t) The first statute we had on the subject of perambula- iting town lines, was the Proviuclal act of the 5 Geo. L chap. 87. {Ptfyo. Lawt J36 ) That act was pavised in 1719^ and remained in force until revised in 1791. We have had statutes on the subjf>ct for m^re than a century, and the best illni^tration of their utility that can be given is t^e fact, that a dispute us to the bouiularies betweea towua is « Tery race^ occurrence in tiiii 8tat6» If 1 6.f FeranAulatton of Idnefi FORM NO. I. Form of the notice to be give?i to perambulaU» To the nlectmen of the town ofJl.' •ENTLEMEN, Thf. undersigned, selectmen of the town of P. de hereby give you notice, that we have appointed M on- day ,the twenty-ninth day of September inst at ten of the clock in the forenoon, to meet at the house of C« D. in said town of P to perambulate, run and renew the lines between said towns ; whe*) and where vo« are respectfully requested to attend for that purpose. E. F. G H. I. K. September 12> 18S5. Selectmen 9fP. FORM NO- II. The form of an appointment of a pcnon to perambuhde* To Jl. B. of C. The subscribers, selectmen of the town of W. re- posing entire confidence in your ability and integrity, do hereby appoint you to perambulate the dividing lines between the said town of W and the town of Y in conjunction with the selectmen of said town of Y. or such person as they shall in writing appoint for the purpose ; and you are to make return of your do- ings into the town clerk's office as soon as the businest is completed. Given under our hands this twelfth day of Septen>- ber, A. O. IQ25. E F, G H. • I.K. Selectmen qf W. =^^ Feramhdation of Zitita. $3 FORM NO. III. Theftrm of a return of the perambukUion of 2i»M« W , the subscribersv selectmen of the towns of A. and B. have, this twenty-sixth day of Septeaaberi A D. 1825, met in pursuance of notice given by the selectmen of A. the most ancient town, for the pur- pose of perambulating the lines and renewing the boundaries between said towns ; and having attended that service, make return as follows : We began at (here describe the doings of the se* lectioen particularly.) J, p' f Sekdmen G III S ""^ •^• J. K. L. M . O. P. Selectmen of P. FORM NO. IV. The farm of a petition to the court of Common PUdsto settle a linCj when the seketmen of the towns cannot agree* To the honorable^ the justices of the court of Commoi^ Pleas holden at Concord, within and for the county of Merrimacky on the last Tuesday of October j A. D, 1826. The subscribers selectmen of the town of A. in said county, respectfully represent that they with the selectmen of the town of B. in sdid county, on the fifth day of September, A. D. 18i5, perambulated the lines between the said towns of A. and B and ais* agreed, and still disagree with the selectmen of the laid town of B. in renewing and establishing the boun- u Fentmhulatiim 0/ ZAi^es, daries and lines between said towns, wherefote jwtu petitioners pray your honors to settle a; d establisb waid disputed tinea, and renew the bounds and marka tf the fane. CD) «, , .1. •ir .« («6) CHAPTER IT. . or VHB TOVnOLB AKB BIJTXB8 OT OOHSVA- SECTION t. THE AUTHORITY AND DUTY OF CONSTABLES IN RBLA* TION TO THE SE|^VICE OF WRITS AND EXECUTIONS IN ' CIVIL CAUSES. The stalate of Jane t2, 1810, entitled '^ An act au- thorizing and empowerlngf justices of the peace to bear, try, and determine civil causes, and to repeal certain acts and a certain Clause of an net therein mentioned,'' section 7, enacts *^ that any constable, to whom any writ or otber legal i^recept may be directed, by virtue qf this act, be, and hereby is fully empowered and directed to serve and return the same according to law.'' In the forms of writs and' executioha to be issued by justices of the peace^ as proscribed by statute, the dkec tion is To the sheriff of eaid county of or his deputy^ or to either of the constables of P, in said county. (1 JV: H. Laws, 97, 98.) The statute of February S, 1791, entitled «« iin net pre- scribing the doty, and regulating tbe office of f^heriff, ^' section 3, enacts, *^ that if any sheriff, deputy sheriff or constable shall neglect to serve an} precept is^^uing (rofo lawful authority, directed unto such sheriff^ deputy sher- iff or constable, and delivered nnto him to serve and ex- ecute, having in all civil causes tendered untoliim hU le- gal fees for serving aod executing the same, every such sheriff, deputy sheriff or constable shall forfeit and pay the Slim of ten pounds to any person who will sue for the 7» 6t ^ Ptfmen mnd DpiU* cf Cftutablei. Seov. 9. FORM NO. II. s Form of a camiabk^t return upon a writ when a nitn- mons only' is Uft- RockiDgrbam, ss. — PortBinouih, September 7, 1825. By virtue of this vvrit^ I have attached a ship, the property of the within named H..M. and gave him a summons in band. CD. Constahh of Portsmouth. Fees — service $0,23 Travel 4 miles 0,12 0,35 FORM NO. III. Form of a constabWs return on a writ when goods are attached. RockiDgham^ ss.— Portsmouth, September 7,' 1825. By virtue of this writ, I have attached five chairs, the property of the within named L. M. and left ft summons at his last and ustial place of abode. CD. Constable of PortsmotOh. ' Pees — service $0,?3f Tj-nvel 4itailes 0,^2 0,85 FORM NO. IV. ^ Form of a constable^ s return upon a writ of scire fadeu^^ Rockingham, ss. — Portsmouth, September 7, 1824. In obedience to this writ, I have made known unta the within named A. B. as within commanded by giv'^ \ Sect. S. Pomen und Duiiss 0J Csmiahiei. t§ iog to him, (or by having at his Uut and usual plas^ ff abode J an attested copy of this writ. L. M. OmsUMm 1/ Portsmouik, Fees — senrice $0,SS Travel 4 miles It Sopj - • 26 0,60 FORM NO V. JPorm of a eonstabVs rsturn upon an eseevHony uhss^ d if iutended U> charge bail . Rockingham, bs.— -Fortamouth, September 7, 1824. Id obedience to this wr't, I have mad^^ diligent search for the body of the within named A B and eould not find htm within my precinct : and on the fifteenth day of August last past, I gave to M. N. who was bail in this suit in which this execution issued, ' J or I left at the last and usual place of abode of VL i, who was bail^^iScc.) a notice in writing, stating that this execution was in my hands, the amount of the same, and when returnable And having kept this ex- ecution in ray hands until this return day thereof, I now return the same in no part satisfied. H. H. ConsiabU of PortsmoiUh. Thtf above return is founded upon the statute of .June ^, 1818, entitled ^ an act in addition to an act entitled^ enact regulating bail in civil causes^^' the second section of which enacts, ^^ that the creditor in any civil action intending to charge the bail in such action, shall deliver bis execution to an offict^r, with the name or names, place or places of residence of tlie per«(on or persons who became bail in such action, and the officer shall, at least fifteen days before the return day of said executioni •deliver to at least one of the bail in such suit, or leave at his dwelling-house or last and usual place of abode, a Mtice io writing, stating that such execotion is. ia b^ to Pamernmd Dutht of C^mtahiei. Ssov. 9^ bands, the amount of the same, and when returnable. — And the officer shall keep such execution in bis handa mntil the return day thereof, in order that the bait maj produce the principal to the office r^ that he may arrest him on said execution. And if the bail shall at any time before the return day, produce the body of the priacipal to s^3ch officer so that he may arrest him, said bail shall lore?er be discharged from all liabilities as bail in such action. And no return of n§n ett inv^ntui shall be suffi- cient to charge the bail unless the officer also certify on said execution that notice as aforesaid was given to the bail." FQRM NO, VI- » tbrm of a ntwm upon an execution, where goods ham been sold to satisfy it. Rockingham, ss.— -Portsn^outh, September 7, 1825.* In obedience to this writ, and to satisfy the same^ I seized and took on the first day of August last past, one table, one chair, and one bed, the property of the within named D. R. and on the same day, I adver- tised the same goods seized as aforesaid for sale on Friday the liftb day of August aforesaid, at two of the clock in the afternoon at the iun of J. D. in said Ports- mouth, by posting up advertisements of the said time Aud place of sale at the inn of J- D. and at the inn of W. H. b^ing two of the most public places in said Portsmauth. And on the said fifth day of August, the said debtor not having redeemed the said goods by •therwise satisfyii'g this execution, I sold the same goods at the time and place mentioned in said adver- tisements at public vendue to the highest bidder, as follows : 1 .Table for $2,50 . 1 Chair - 1 J6 1 Bed - - 8,35 12,60 fTlwi date sboald be the retiira day of the execution. ^'■» ■■ ■■ ^ SxcT. 3« Fowtn and Duties of CamtMei. 11 from which sum of twelve dollars and sixtj cents, I deducted my fees, being thirtj-seven cents, and the remainder being twelve dollars and twenty-tbre^ cents, 1 liave applied in discharge of this execution is part. I tbereforr return this execution satisfied in part^ 4o wit : for the sum of $12.23 and no more. W. H. Constable of Portmovik. Fees — travel "2 miles $0.06 Levying $12,60 - 0,31 0,37 The foregoing retorn is founded upon the statute of February 16, 1791, entitled ^^ an act ffu^ijectinje: lands and tenements to the payme.nt of debt? and diroctin^ the mode of l<^ vying executions on real and persf»nal estate," the fourth section of which enacts, ^^ That when any goods or chattels shall be taken to satisfy an execution issuing upon a judgment obtained, such gortds or chattels shall be safely kept by the officer, at the expense of the debtor^ for the fipace of four day next after they are so taken ; . and if witiiiti that tinie the owner shall not redeem the same, by otherwise satisfying the execution^ Puch goods and chattels shall he sold at pnblick vendne to the high- est bidder, having first hern advertisf'd, by the posting up of noti ^callous of the time and place of sale, forty- eight hours before the expiration of the said tour days, at two of the most puhlick places in the town or place whr-re the sale is, to he ; and the money arising upon such sale shall be applied to the paying of the charges, and to the satisfying cf the execution, and the officer shall return the overplus (if any there be) to the dt htor, and the officer who is posse^^sed of the ex<>cotion, shall make return of the same with his doings therein^ particularly describing the goods taken and sold, and the sum far which each article was struck uf ; and if any officer shall be guilty of any fraud lu the sale, or the return as - before mentioned, he shall be liable to the d*?btor to pay him five, times the sum defrauded| to be recovered by ac» tion on the case.'* 7S F&mws ani Ihuki of CmuiaUes. Ssvr. 4. SECTION 4. THE AUTHORIT^f AKD DUTY OF G0H8TABLSS IK CRIMI* NAL CAUSES. Warrants k^aed by jpstlces of the p^ace for the parpose of arresting persons chargf'd with having com- mitted crimes are osuallj directed to constables of parti»- ular tiiwns. ^ The statute of Febniary 8, 1791, entitled *' an act pre- scribing the duty, an^l regulating the office of sheriff,'' section 4, enac*», ^^ That every sheriff, de^.uty s^heriff or other officer, in the execution of His office, lor (he pres^ ervHtioo of the pe»ce, or lor apprehendi/ig or .securing any person or persons for violating the same^or for any #ther criminal matter or cause, be, and hereby are eoK powered to require suitablj aid and assistance iu the ex* ecution ot his said office ; and if any person when so required shall ocgleci or refuse to give atich aid aod as- SiM^nce, such person, on conviction thereof, before any justice of the peace, shall be fined to the use of the t< wn where the offence is committed, a sunr* not exceeding forty shillingiv and if unable to pay, shall be set in the stocks not exceeding four hours.'' *' That if any person not being a sheriff, deputy sheriff or otber officer, whose duty it is to keep'^the peace, or apprehend persons ft)r violating the same, shall falsely pre* tend to be any or either of said officers, and shall pre- sume to act as such, or to lequire any other person or persons to aid or asaiifet him in any matter or thing be- longing to the duty of a sheriff, deputy sheriff or other such officer, so assumed as aToresj^id, he shall upon con- viction for any sur.h oflruce, torfoh-aiid pay a fine not ex- ceeding OtiG hvndred pounds, according to the nature and cin ''s.istances of his offtnce, at the discretion of the court before whom the conviction shall be, one moiety 0f which tine shall he to the use of the county in which the offence is coinmitie ter prescribed. Provided; always, that such parent, guar- dian or master, shall be duly notified of the time and place appointed for the trial of such children, miners or servants, for the offences aforesaid." ^* That it shall be lawful for each and every selectman and tythingman Within their respective precincts, to take and command such as^lance as may be needful, and for- cibly to stop and detain any person or persons they shall suspect of travelling unnecessarily on said day, for and during such time, as &hall be necessary for demanding the cause or reason of such person's travelling, his name and place of abode, anM receiving the answer tp such de- mands. And in case any such person shall not give satiSi* faction to the selectman or tythingmaa demanding the same, that there is sufficient reason for bis travellings, such selectman or tythingman shall have full . power and authority to detain in his custody such person or persona, until a regular trial can be had, and to command the ne* cessary.aid therefor." *^ That if any person shall refuse to give aid and as^ si0tance to any selectman or tythingman, whs may require. Profanation of the Sabbath, ST the same same for the purposes aforesaid, such person 8# refusing shall, upon conviction thereof,. he fined in a sum not exceeding six dollars nor less than one.^' '' That if any person found travelling upon (he lord's day shall give any false answer (o any of the before men- tioned questions, which may be asked him by any select- man or tythittgman, the said person shall upon conviction thereof be fined in a sum not exceeding thiiteen dollan nor less than one.'' '^ That the selectmen of the several towns and places in this state, and the ty thingmen chosen as aforesaid, be, and they hereby are required to inform of all breaches of this act within their precincts. And if any person charged with a breach of this act shall be acqtiitted up- on trial, he shall recover costs against the complainant, unless the complainant be a selectman or tythingman^and io that case no costs shall be allowed to the person acquit- ted. And for the better execution of all and every of the foregoing ordem, every justice of the peace, witiiin the county where any offence against this act shall be committed, shall have power and authority to convene be- fore him any person or persons offending asaforesaid^and upon his own view, or other evidence sufficient to cod- ylct any person of such offence, to impose the fine and penalty for the same with costs, and to restrain and com- mit the offender until the same be satisfied, or to' caos* sach fine, penalty and costs to be levied by distress and sale of the offender's goods, returning the overplus, if any be. All fines and penalties accruing by this act, to be for the benefit and relief of the poor of such town or place where the offence is committed, and delivered into the hands of the selectmen or overseers of the poor for that purpose." *^ That any person shall have the right of appeal to the court of common pleas from any sentence of a justice given against him or her in pursuance of this act, he or she recognizing with sufficient sureties to prosecute his or her appeal with effect. Provided, nevertheless, that it shall and maybe lawful for any justice of the peace, oo application to grant a license for any person to travel, or do any secular business on said day, which shall appear n ' Profanation 0/ the Sabbath. to bim to be a work of necessity or mercy. And such certificate shsUi be a bar (o any prosecution therefor. And the Informing officers aforesaid shall baye a light to in- qalre of any person apparently offending against this act, the cause or necessity of his so doings and if he or sho flhall neglect or refuse to assign such reason or° reasons «8 may appear on trial to be sufficient, or shew sucli cer- tificate, he or she shnlj pay costs of prosecution, any other reason he or she maj give on trial notwithstanding.^ ^^ That all prosecutions for ofieoces against this act shall be commenced within thirty days after the offence shall have been committed and not afterward.^' ^* That the warrant of distress before mentiooed may be Id the ibrm following : — STATE or NEW-HAUP8HIRE. u. To the sheriff 0/ the said cotmiy 0/ or him deputy^ or iony constable of in said eountyy ^L. S. > GRBETIBBk Whereas O. F. an infant under the age of twentj* one years, on the dd^ of- at in said county of before the subscriber, one of the justi- ces assigned to keep the peace within and for said county, was duly convicted of [ here describe the of- fence as it is described in the complaint or convic- tion] which offence was eommittea contrary to th^ form of an act, entitled ^^an act for the better obser- vation of the Lord's day, and for repealing all the laws heretofore made for that purpose ;" and for said offence the said O.F. was ordered to pay a fine of and costs of prosecution, amounting in the whole to the. sum of and whereas A* B« of &c. (ad- dition) at the time of the conviction aforesaid, was (parent, guardian or master as the case may bej of the said O. F. and by law liable to the said fine and costs, and hath been duly notified of said convictiont «nd the same iSne and costs still remaining unpaid — these are therefore iu the name of the State of New- ttBmpdhire to coinmMd you to levy the said sum of by distress and sale of the goods «nd 'chAilftels of the said A. B* found within your precinct,^ and the isame sum when levied to pay to the subscriber, fb be disposed of accordiVig to faW. And for want of stieh goods or chattels of the said A. B. to take the body of the said A.B. and him commit unto the gaol in and the keeper of said goal is hereby commanded to receive the said A. B. into his custody, and him de- tain in said goal until he pay the aforesaid sum of with fifty cents more for this' warrant, together with all fees, or until he be discharged by order of law. Herein fail not, and make due return of this war- rant, with your doings therein, unto the subscriber, within sixty days next coming. Given under my hand and seal at in said coun- ty, the day of A. D. J.P.»» ^^ That the said warrant of distress shall be served and executed in the same way and mattne^ as ezecutiont against the body and personal estate are by law to be served and executed, and the officer serving the same shall be entitled to demand the same fees as lie may law- fully demand for the service of such executions and oo more.*' ' The statute of June 2i, 1814, enacts, " that from apd after the passing of this act, no license or permission granted by any justice of the peace, shall be available in law to any person or persons found travelling within this state on the first day of the week, commonly called the Lord's day, in the styl^ and capacity of a teamster, or earlier, with any team or carriage of burthen, or to any person or pexsons found travelling on said day in the stile and capacity of a drover, with any horses, cattle, or other beasts : but all such licenses or permissions, so granted as aforesaid, by any justice of the peace, to anv such teamster, carrier. Or drover, shall be utterly null 9* 90 Pr^foMiim^ pf <^ S^kkaiki and void ; aav law, usage or custom to the cootrar j set* wltbatan^Dg.'' For the forms of the proceediogs in prosecntiims (or profaolog the Sahbath^ seeN.. H. Jsstice^ 160. ( 91 ) CHAP. VII. Of TaJLBMtAan&j 8XBTA8 AND MXnXJklS* " The Statute of Febraary 15, 1791, enUtled '^an act regulating marriages and for the registering of mar- riages, births and burials/' enacts, ^^ that every ordained minister of the gospel, in the county where he is^ settled or' hath his permanent residence, and in no other place, and every justice of the peace, in the county lor which he is commissioned, and in no other placed whatsoevery aball be and hereby are authorized and empowered td solemnize marriages, between persons who may lawfully edter into that relation.'' *^ That all persons desiring to be joined in marriage, shall have such their desire or intention published at three several public meeting days, or three sabbath days, in the respective towns or places where the parties so desiring to be joined in marriage dwell or reside, by the clerks of such towns or place^ and the persons desiring to be join- ed in marriage, shiffl produce to the justice or minister who shall be desired to marry them, a certificate of such publishment under the hand of the clerk or clerks so pub* lishing them, and in case either of the parties desiring to be married live in a town or place where there ^all be DO clerk, then publishment shall be made in the town or place ne^t adjoining, in manner as aforesaid." '' That if any justice of the peace or minister shall join uaty persons in marriage without a certificate as afore* said ; or shall otherwise than is expressly allowed by this act join any persons in marriage, they shall severally for- feit and pay the sum of twenty pounds, to the use of any parent, master, guardiauf or next friend to either of the parties so married, who may sue therefor in any court proper to try the same. And if any person not authoriz- ed and empowered to solemnize* marriages by this act^ shall jpin any persons in marriage, whether with or with* out publishment, and be convicted thereof in the superior court of judicature, upon indictment, he shall be subject* ed to pay a fine at the discretion of the court to the use of the county where the offence may be committed ; the fine not to exceed one hundred pounds lor be less thaatUrty.*' 02 Marriages^ BirAt^ and BuriaU. ^^ That erery jastice of the peace, minister of the gos- pel, and clerk of the people called Friends pr Quakers, shall make and keep a particular record of all marriages solemnized before them respectively, and shall in the month of March every year,make a return to the clerk of the town or place where isoch minister, justice, or clerk of the society of the people called quaken lives, of Ihe names (both cbnstian and surnames) of aH persons w^o have been by or before them respectively joined in mar- riage, within the year last past, and the places of thejr abodes, and the time when the^ were joineil fogethter in ^ marriage. And the 'persons joined in marriage by any ' minister or justice, sh^li pay therefor to the sail minister •r justicie the sum of six shilliDgs." ^^ That the clerk of every town or place shall recefd In the book of records, belmiglng to such town xjt place, all certificates of marriages retttmed to him asafoi^safid, and the said minister, josdce, or clerk of the^soclety of the people called qeakers^ shall pay the said town clerk for every marriage by them respectively Petomed or cer- tified, four pence as a fee for recoading the same.'* «^ That the clerk of every iown%nd place In this state, shall record births and burials, and all persons concerned are to give notice of such births and burials to the elerk within one month, and pay two pence for every Mrth or burial by the sdd clerk recorded.*' *^ That nothing in tins act «hall l>e constroed to affect the right of the people called quakers, to solemnize nar> riages in the way and manner usually practised in their meeting $ but all such marriages so solemnized shall be good and valid in law, any thing in this act to the contra- ry notwithstanding." ^^ That any ministe^r, justice^ of cterk of any society of the people called quakets, who shall neglect to make the return of the marriages by or before them solemnized^as before meDtiuned^ to the town clerk, shall for every neg* lect severally forfeit and jpay to any person who will see for the same the sum of forty shillings ; and if any par- ent shall neglect for one year after the birth of any child to make return to the clerk of tho town or place in which such child is born of the tiibe 6f the birth of soch child, the person so neglecting shall forfeit and pay tte person suing for the same the 8«m of twenty shilll^aps." ■■'"■" ^'^"'^'^•'''^^a^i^^^^^m^^mmmm^^^fmK^mmmm^m^t^mmmm^mmtm (93) CHAP. Vlft. OX" aSASTBBS AND APP3UIKTX0BS. The statute of December i{8^ 1805, entitled ^^an^ct to secure to mststcrs and apprentices bound by deed or indenture iheir mutual privileges,'' enacts, ^^ that roiaors of the age of fourteen years or upwards, may be bound .'by deed or indenture, as apprentices to the age of twen- ly-one years, by their father ; or in case of his decease by their mother or guardian, having the minor^s consefil expressed in the indenture. And any minor having no iather, mother or guardian, may by deed or indenture tnod himself, with the approbation of the selectmen or the overseers of the poor, or a major part of them, of the town where said minor belongs : Provided, that in every case there shall be two indentures of the same tenor and form executed by bo|h, one to be kept by each party. And when any are bound by the selectmen or overseers of the poor, they shall express their approbation there- on. and sign the same. And all contracts which shall be made by any parent, guardian, selectmen or overseers, or by any minor for himself pursuant to this act, shall be ^odd and effectual in law against all parties.'' ^* That if any apprentice bound as aforesaid shall de- part from the service of his said master, it shall be law* fill for the master of said apprentice to empower any aod all persons (by giving public notice in any new^pa^ per or by posting up advertisements in public places) to apprehend, detect, and bring back said apprentice to the place of bis duty : in which case the necessary expense shall be defrayed by the*«aid master, to be recovered by him of said apprentice's parent or guardian, together with the reasonable danaage he may have sustained by said apprentice's absconding or leaving his service, and the same shall be a proper article of charge in his guar- dianship account." *^ That it shall be the right and duty of all parents and guardians^ selectmen or overseerS) as the case may be, to 94 Masters and Apprentices, inqaire into the usage of such minors and defend them from the cruelties, neglects, or breaches of covennnt of the said master ; and such parents, guardians, selectmen or overseers, in case of breaches of the contract as abore^ may complain to any justice of the peace in said county, of any personal cruelty, ill usage, neglect or breaches of covenant, and the justice, after having duly notified the parties, shall proceed to hear and determine such com- plaints, and if the complaint shall be supported, the court may render judgment that the said minor be dis- charged from the obligation and service of hii said mas- ter, and the said master to pay costs of court, and all daai- «ge the said apprentice may inthe judgment of the court have sustained from uny cruelty^ ill usage or neglect of hi9 said master, or from any personal abuse of the mas- ter, or from others the said master may have countenaDC- ed in abusing said apprentice, and execution may be issu- ed accordingly ; but if said complaint shall not be sup- ported, the court shaU award costs to the respondent" '^ That in case any apprentice shall lay violent hands on, strike or violently abuse his sai4 master, his master on complaint may have him tried before some justice of the peace of said county ; and if it shall be made to ap- pear that said apprentice is guilty in manner and form as shall be represented to said court, said apprentice, his parent or guardian, shall pay all damages his said master may have sustained by any such abuse, violence or inju- ry, and costs of court. And any such conduct may acquit the said master from all obligations he may be under to said apprentice, his parent or guardian, if the master chooses to give up the indenture which he has entered into with the pardes.^' ^^ That if any apprentice bound as aforesaid shall be guilty of any gross misbehaviour, wilful neglect or refu- sal of his duty, and persist therein afller being suitably remonstrated with by his said master, he the said master may complain thereof to any justice of the peace in said county, whereof, he is an inhabitant, and the said justice, «fler duly notifying said apprentice and all persons cov- enanting on his behalf, shall proceed to hear and decide on such complaints ; and if the said complaint shall be supported, he may render judgment that the master shall 'Mattert and Apprenticef. 9B be discharged from the contract or coreDaot he maj be under to «aid appreDtice, his parent, guardian or select- men, as the case may be ; and the cost shall be paJd bj the said parent, gaardian or minor/' ^^ That when it shall be made to appear that the ma»* ter of any apprentice has been negligent in teaching or cattsing any apprentice to be taught the art, trade or pro* fessiofi he became obligated to teach him, the same shall be actionable in any court of law suitable to try the same^ and the court shall award such damage^ to said apprentice as he shaU make to appear in the judgment of said court after he shall become of age, and execution may issue accordingly against such master/' ^^ That in case any person or persons shall persuade or entice away any apprentice from the service of his mas« ter, or secrete^ convey, send or carry off any apprentice either by sea or land, or cause any apprentice to leave his said master so as to deprive Rty master of (he sei^ vice of any apprentice, such person or persons thus se- creting or conveying away any apprentice as above,shall make good all damages to said mastf^r, besides paying a fine to the use of the county of not less than five dollars or more than one hundred dollars, as the guilt or aggra- vation of the case may be made to appear in the judgment of any court proper to try the same." ^' That no covenant of apprenticeship, entered into by liny minor, his parent, guardian or selectmen,as the case may be, for the purpose of such minor's learning any trade, mystery or art, and made to any master, shall be binding on such minor, parent or guardian, &c. after the decease of the master; but on the death of such master, the said covenant shall be deemed null and void irem that time, unless when it shall so happen that the apprentice's time agreeably to contract shall have nearly expired ; in this case it shall be optional with the apprentice to tarry his time out in the service of the widow, or the executor or'administrator of his said master's estate, and thereby become entitled to all the gifts, grants, engagements and promises set forth and specified in the indenture of ap« prenticeship ; and the same shall be paid out of the estate o( his said master, as thougl^ the master had lived until hit apprenticeship had expired." 96 Masters and ApprenHca, FORM NO. I. Form of an indenture to Innd an apprentiee. » This indenture witnesseth, that A. B. of &c. hath put and placed, and doth by these presents put and bind out his son C. B., and the said C. B. doth hereby put, place, and bind out himself as an appren- tice to R. P. to learn the art, trade or mystery of the said C B, after the manner of an apprentice^ to dwell with and serve the said R. P. from the day of the date hereof, until the day of which will be in the year of our Lord one thousand eight hundred and at which time tho said C. B. if he should be living, will be twenty-one years of age. During all which time or term, the said apprentice his said maa- terrshall well and faithfully serve, his secrets keep, and all his lawful commands every where at all timet lawfully obey ; he shall do no damage to his said mas*^ ter nor wilfully suffer any to be done by others ; and if any to his knowledge be intended, he shall give his master seasonable notice thereof. He shall not waste the goods of his said master, nor lend them unlawful- ly to any ; at cards, dice, or any unlawful game he shall not play ; fornication he shall not commit, nor matrimony contract during the said term ; taverns, grogshops, or places of gaming he shaU not haunt or frequent ; from the service of his said master he shall not absent himself, but in all things and at all times he shall carry and behave himself ds a good and faithful apprentice ought during the whole time or term afore- said. And the said R. P. on his part, doth hereby prom- ise 9 covenant and agree to teach and instruct the said apprentice, or cause him to be taught and instructed in the art, trade and calling of a by the best way or means he can, and also to teach and instruct the said apprentice,or cause him to be taught and instruct- ed to road, write, and cypher as far as the rule of f Masters and Aapprentiees, 9^7 three, if the said apprentice be capable to learn, and shall well and faithfully find and provide for the said apprentice good and sufficient meat, drink, clothing, lodging and necessaries fit and convenient fof* such dn apprentice during the term aforesaid ; and at the ex- piration thereof) shall give unto the said apprentice two suits of apparel, one suitable for the Lord's daj« and the other for working days. ' In witness whereof, the said parties have hereunto' interchangeably set their hands and seals the day of , 182 . ' Signed, sealed and delivered, in presence of A. B. & seal. C. B. & seal. R. P. & seal. FORM NO. II. Form of the Selectmen's approbation. The undersigned selectmen of the town of C. do hereby express^ our approbation of the binding of the within named A* B. an apprentice to the within nam- C. D. according to the form and ejQfect of the within written indenture. Given under our hands this day of A.D.I 82. " P. G. H.I. , K. L. FORM NO, III. Fomt of a complaint in the name of Selectmen against a master for abwe of his apprentice. To A. J5. Esquire, one of the Justices of the Peace in and for the county of Rockingham. C. p., E. F.| and G. H. selectmen of the town of ChesteFj in said county, complaioi and give the said jut- ' 10 99 Masters and Appreniiees» tice to understand and be informed, that on the first dajr of January in the year of our Lord eighteen hun* hred and twenty-four, L. M. ab infant under the age of twenty-one years, having no father, mother or guar- dian, did by indenture with the approbation of the se- lectmen of said Chester duly expressed thereon bind himself as an apprentice to O. P. of said Chester, carpenter^ to learn the art, trade and mystery of a car- penter, and to serve the said 0. P. from the said first day of January until the tenth day of June in the year of our Lord one thousand eight hundred aiid twenty- seven, when the said L. IVl. may arrive at the age of twenty-one years; and that on the first day of January the said L* M. went to reside with the said 0. P. un- der said indenture, and has ever since resided with and faithfully served the said O. P. as an apprentice, yet the said 0. P. unmindful of his duty as a master, on the twenty-sixth day of December in the year of our Lord eighteen hundred and twenty-six at said Chester, without any just cause, misused and ill-treated the said apprentice by most cruelly beating, wounding and im- prisoning him and by wholly neglecting to supply him with necessary meat, drink and clothing and to teach him the said art and trade of a carpenter, as by the said indenture the said O. P. was bound to do. Wherefore thie said C. D., E. F. and 6. H- select- men as aforesaid, pray that the said 0. P. may be summoned to answer to this information, and that jus- tice may be done in the premises. G.H. CD. Chester, January S, I8S6 \ Musters and Apprentices. 9f FORM NO. IV. F^rm of thfi summons of a master to answer to the in- formation. STATE OF NEW-HAMPSHIRE. Jlockinghapi^ ss. To the sheriff of said county^ or his depu- ^^•^^ \ ^y, or to. any constable of the town of Phester^in ^' *• \ said county^i - "^"^ - Greeting. Whereas information and complaint has been mad^ to me A. B. one of the justices of the peace in and for said county 9f Rockingham, by C. D., E. F. and 6. H. selectmen of the toi^n of Chester aforesaid, that on the first day of January in the year of our Lord eighteen hundred and twenty-four L. M. an in-* fant under the age of -twenty-one years^ baying no father, mother nor guardian, did by indenture with the approbatioa of the selectmen of said Chester duly expressed thereon, bind himself as an apprentice to O. P. of said Chester, carpenter, to learn the art,trade and mystery of a carpenter and to serve the said 0. P. from said first day of January until the tenth day of June in the year of our Lord eighteen hundred and twenty-seven, when the said L. M. may arrive at tha 'age of twenty-one yearn; and that on the said first day of January the said L. M. went to reside with tha said O. P. under said indentures, and has ever sinca resided with and faithfully served the said O. P. as an apprentice, yet the said O. P. unmindful of his du- ty as a master, on the twenty-sixth day of December in the year of our Lord eighteen hundred and twenty- five, at said Chester, without any just causCf misused and ill-treated the said apprentice by most cruelly beating and wounding him, and by wholly neglecting to furnish him with necessary meat, drink and cloth- ing, and to teach him the art, trade and mystery of a carpenter, as by the said indenture the said 0. r. was bound to do. You are therefore required in the naqoe of tha State of New-Qampshire to summon the said O. P. 1 00 Masters and Apprentices. » to appear before me the said justice at' my dwelling house in laid Chester, on Monday the twenty-third day of January next, at ten of the, clock in the forenoon to answer to the said information. Hereof fail not, and make'due return of this writ with your doings therein unto myself on or before the said twenty-third day of January. Dated at Chester this second day of January ipthe year of our Lord eighteen hundred and twenty- five. A. B. The summons ought to be served at least fourteen days before the day of trial, x FORM NO. V. Form of the officer^ $ Return. Rockingham, ss,— Chester, January 3, 1828. I hav^ summoned the within named O. P. to appear at the time and place within mentioned by leaving at his last and .usual place of abode in said Chester an attested copy of the within summons with an attested coipy of this return. W. Y. Constable of Chester. FORM NO. VL Form of a judgment discharging an apprentice. Rockingham, ss. Before A« B. Esquire, one of the justices of the peace for said county of Rockingham, at his dwelling house in Chester in said county, on the twenty-third day of January, A. D. 1826, at ten of the clock in the forenoon, C. D., E. F. and G. H. se- lectmen of the town of Chester aforesaid, complain- ants against' 0. P. that on the first day of January A. D. 1824, L. M. an infant under the age of twenty*one years, having no father, mother, or guardian, did by Marten and Apprentices^ 101 indenture with the approbation of the selectmen of said Chester duly expressed thereon bind himsejf an apprentice to 0. P. of ^aid Chester, carpenter, to learn the art, trade and mystery of a carpenter, and to serve the said Q. P. from said first day of January until the tenth day of June, A. D. 1827, when the said L. M . may arrive at the age of twenty-pne years, and that on said first day of January the said L. M. went to reside with the said 0. P. under said indenture, and has ever since resided with and faithfully served the said O. P- as an apprentice, yet the said 0. P. un- mindful of his duty as a ' master, on the 26th of De- cember A. D. 1826, at said Chester, without any just cause misused and ill-treated the said apprentice by most cruelly beating, wounding and imprisoning hiio^ and by wholly neglecting to supply him with necessa- ry meat, drink and clothing, and to teach him the said art and trade of a carpenter as by the indenture the said 0. P. was bound to do. And now the said se- lectmen appear and the said O. P. comes and says he is not guilty in manner and form as is alleged in said complaint, and thereof puts himself upon trial and the said selectmen do the like. All which being seen and the parties aforesaid fully heard, it appears to me, the said justice, that the said complaint is fully proved, and that the said 0. P. is guilty as is therein alleged; Jt is therefore considered by me the said justice, that the said L,. M. be discharged from the obligation and service of the said 0. P. and that the said complain- ants recover for the use of ihe said L. iVl. from the said 0. P. the sum of ten dollars damages, and costs iaxed at five dollars. , A. B. Jwtice of ike Ptact. (.lot) CHAP. IX. OX" THS IsJLWB BtABS TO PRBTTXIKrT TBB sp&sADzira or trb smaiiXi poz. The statute of February's, 1789, entitled "an act to prevent the ^spreadibg of the small pox,^' &c. enacts, '^that if at any time it shall happen that the smali-pox shallbreak out in any town, parish or place, in this state, the selectmen of such town, parish or place, or the raa* jor part of them, may remove any persons infected to any place where permission may be obtained from such justices,* or .where there is no hospital appointed, to any plaice remote from inhabitants, provided that no person or persons shall in any case whatever, be removed, un- less the physician attending him, her or them so infect- ed, shall be of opinion that such removal will be safe, and no ways dangerous to the life of such person or per- sons." V '^That if any person from and after the passing of this act, shall with intent to spread the small-pox, and commv* nicate the same to any person, bring any infectious matter into the state, or shall U9e such infectious matter so as to communicate the same, or shall presume to inoculate him or herself, or any other person with the sm^ll-pox, or shall be inoculated therefor, each person so offending, shall pHy a fine of fifty pounds of lawful money, to be re- covered by bill, plaint or information before the superi- or court of judicature within this state, the one half thereof to the use of the informer or prosecutor, and the other half to the use of the town where such offence shall be committed." ' The statute of December 25, 1792, enacts, *4hat when- ever«ny 8hip,or other vessel shall arxive in.any port in this state, having any person on board infected' with the plague, small-pox, pestilential or malignant fever, ,or shall have been so infected during the voyage, or having^ OB board any goods which may reasonably be apprehend^ ed to have any infection of such diseases, it shall be Ibft duty of the master or commander of such ship or vessel «■■■■■ ■ ^, 1 ■ ■*■■■ . , ■■■ — I ■ I ■! «■ ■,■■ ■ * Jv^tioes of th« court of Common Fllas are hisre intended. |ia»a«B^i II p-^^^p^H^rw- I ■■ ^^-^^^m^^mi^I'Vmgmr^ Small P0X. 10S , togtveHmmediate information thereof to the seiectmeD of Portsmouth, and it shall be the duty of the selectmen of Portsmouth, upon information of the arrival of spcb ship or vessel, and they are hereby empowered immedi- ately to take SQch prudential methods and precautions as to them appear necessary, to prevent the spreading such infection, and may order and appoint ihe distance at which such ship or vessel shall lie from the shore, and shall have power to lemove the same at the expense of the owner or master, if the master or commander shall refuse or neglect to remove after receiving from said selectmem an order therefor — and the said selectmen ara hereby further empowered to forbid oi* prevent any per* • son coming on shore from such ship or vessel, or any ^ geods being landed from the same until such precautions be taken as the publick safety may to th^m appear to' require. And if the commanding officer of any such ship or vessel shall suffer any person or thing to be put on shore without permission first 'obtained therefor, un- der the hands of the said selectmen, or a major part of them, he shall forfeit and pay the sum of four hundred dollars, to be recovered and appropriated as in the afore- mentioned act is provided for the recovery and appropri- ation of forfeitures." ''That if any person come on shore from any such ship or vessel without such liberty, any justice of the peace may cause such person to be confined in such proper pl^ce as the selectoven aforesaid may appoint, for a term of time not exceeding thirty days, at his own expense, to be recovered by them, by action of debt in any court proper to try the same." ^^That the said selectmen shall have full pbwer fo seize and keep any goods landed from such vessel, with- out such leave, until they ?hall cause the same to be . cleansed at the expense of the owner of such goods — , and if the owner neglect to pay such expense, the select- men shall have pow«r to sell so tnuch of the goods as win defray the reasonable chargesr of seizing, keeping and cleansing the same." The same statute further provides '4hat whenever any person shall break out with- the smajl pox in the natural way, in any tawn within Ihis state, and in the opinion of i ' i \ V i04 PoH Chddm the seiectmeD, he majr withoat danger remain withoat communicating the disorder to any bat his own family — and if the family or any other person has been exposed to the danger of taking said disorder, the selectmen may grant license for any such person to be inoculated, who with the physician shall not in such case be liable to the penalties of this and the afoiementioned acf CHAP. X. OF VBJB ZiA'WS nSSOLVlKa TO POST 6>irZD&8. The statute of December 17, 1792, entitled ^^an act to establish post-guides and to facilitate travelling in and through this state, ^' enacts, ''that for the accommodation of the citizens of this state, as well as for other persons who may have occasion to travel in and through the same, there shall be erected at the intersection of all publick roads and highways within each town, parish, and precinct throughout tnis state, a monument or post- guide at least ten feet high, which shall consist of mat^ rials of such angular form as shall correspond with the angle made by the intersection of the roads as aforesaid i und on each post-guide to be erected as aforesaid, or on the appendages thereof, shall be engraved or painted if legible characters, the name of ^he next adjoining towh and towns, to which such roads respectively lead : as also the names of such other, towns as may be thought proper triith the estimated number of unties to ail such towns ■^^ Pott Gmdes. 105 ' respectively, in figures. And a» hand and finger shall be painted on the left of such letters as direct to a right ^ hand road^ and on the right of such letters as direct to a left hand road, and the number of miles so to. be en- grayed or painted, shall be understood to be the distance to the most publick place of resort within the town against which such figures shall be made.'^ ^^That the selectmen of the respective ;towns and pla- ces to which they respectively belong, shall superintend the erecting and keeping in repair, all such post-guides at the expense of the towns respectively — Provided that the inhabitants of the towns, parishes and precincts respectively, duly qualified to vote in town affairs, may if they choose on or before the first day of June next, and annually afterwards, determine of what materials the said post-guides shall consist, and appoint suitable per- sons to superintend the erecting and repairing the same." ^'Thatif the selectmen, or other persons who may be appointed to superintend the erecting and repairing of post-guides as aforesaid, shall neglect their duty as here- in prescribed for the space of twelve months from and after the first day of June next, or for the space of any four months af^er the expiration of said twelve months, they shall for eyerj such peglect, pay a fine of twenty ^shillings." "That if any person shall throw down, demolish or de- face any scuh post-guide, appendages, letters or figures thereon engraved or painted, or be aiding and assisting in such offence, he shall pay a fine of thirty shillings. And all fines which may be forfeited in consequence ol this act, may be sued for, and recovered by action, bill, plaint or information in any court proper to try the same. And all such fines shall be appropriated, ■ the one half to the use of the prosecutor or informer, and the other half to the use of the town where the offence may be committed." ( 106 ) CHAPTER XL OF THB XdBL'WS RBOnXiATZNO FBNOB&. The statute of February 8, 1791, entitled "an act rel- ative to common fields, and regulating fences," enacta^ "that the inhabitants of every town and place in this stale, at their annual meeting for the choice of town oflS- cers, shall qhoose fence vievircrs, who shall be freehold- ers, and who shall be sworn to the faithful discharge of the duties of said office. And-it shall be the duty of all fence viewers, on request, to view all fences in the same town or place for which they are chosen, and to estab- lish division fences between persons interested in making* them, and to appraise damage done in certain cases, and generally to do all the duties in this act, and by law en- joined upon them. And every fence by them or the ma- jor part of them' adjudged good and si^fficient, shall be considered as legal and sufficient to all intents and pur- poses.^' "That the owners or occupants of lands under im- provement, and adjoining shall contribute equally in building and repairing the partition fence between them, so long as they shall continue to improve. And where no division of &uch partition fence hath been mad6, and the. persons whose duty it is to make and maintain such fenqe, cannot agi^ee oii a division of the same, the fence view- ers of the town where the lands lie, and in case the lands be in different towns, then the fence viewers of both such towns or places not interested, or the major part of them, or so many of them as the parties shall agree upouy shall notify both parties and shall repair to the place where such fence is to be built or repaired, and whether the said parties attend or not, th^y having been duly notified to attend, ^ and no sufficient excuse bqing made for their' non-attendance, shall proceed to make di^ vision of such fence, and shall set 'the same down in wri- ting, and charge half their fees to each party, and shall deliyer or leave with each party a copy of such wri* ting^igned by themi with a minute of their fees ^•^ Feneet, - 107 eh&rged to each party as aforesaid ; and siich diyision, and division made in writing by agreement of the parties, shall be binding upon such parties, and the succeeding occupiers of such lands, and they shall forever after be obliged to maintain the part allotted and assigned af ^ aforesaid, unless a new agreement should afterwards oth- erwise establish a division. And in all cases where di- vision shall be made as aforesaid, or where division shall have been made by agreement of the parties, if either party shall neglect to build and make a sudlicient fenca * on hiisi part, or, shall neglect to keep the same in good re« pair from tirae to time, the party aggrieved thereby, may apply to the fence viewers, who shall repair to the place, and if they are of opinion that the fence, if there be any, is sufficient, or if there be none, that there hath been a division either in manner aforesaid, or by agreement of parties as aforesaid, they shall notify in writing the di»- linquent to build or repair his part of the fence within the term of six days, or within such term, which shall never be less than six days, as they, considering the sea- son of the year, and the labor to be done, may think just and reasonable. And where division shall be made by fence viewers, they may do this at the time of their ma- king such division ; and if the party shall neglect to build or repair that part of the fence which belongs to him to build or repair, within the time so ordered and allowed by the fence viewers as aforesaid, then the party a^ grieved thereby and injured by such neglect, his own part of the fence being in good repair, and so adjudged iy the fence viewers, may build or repair the part of him so neglecting, and the said fence viewers, if they adjudge the part so built or repaired sufficient, shall esti- mate and appraise the same, and thereto add their own fees, and shall express and set down such their appraise- ment and the amount of their fees In writing, and shall •ign the same, and the person so building or repairing, shall have a right to demand and receive double the said amount of the occupant, lessoi or freeholder of the land where the said fence was deficient, at his election, togetb- efr with the cost of suit. That previous to the com- , mencement of any such suit, he shall demand the said double amount of the person against whom he bhall foake his election.^' 108 Fences. ^^That when one of the owners of lands adjoining'^ shall have begah to implrove hefore the other, and shall have built a fence OQ the diyisional line between them, . and aAerwards the other shall inprove and shall be ad- vantaged thereby, the occupant, lessor or freeholder of •Qch land last began to be improved, shall pay lor one half of the partition fence between them, according to the value of it at the time he shall begin to improve,^ such value to be ascertained (in case they cannot agree amongst themselves ) by the fence viewers, on applica- tion of either party, the other being notified to attend at the time of making such appraisement, tvl^ch shall be •et down and expressed in writing, and be signed by the fence viewers making the same, and delivered by them to such of the said parties as will receive the same. And if such occupant, lessor or proprietor as aforesaid, shall, after notice as aforesaid, and demand made, for the space of thirty days neglect to pay for a moiety of such fence, the proprietor of such ^ fence, or person who made the same, shall, and may recover double the sum so ascer- tained, by special action on the case, against such occu- pant, lessor or freeholder notified and requested as afore- said." ^^That when one party shall cease to Improve his land, or shall lay his enclosure before under improvement, in common, he shall not have a right to - lake away his part of the fence, but shall have a right to the value of his part from the owner, occupant or lessor of the lands ad- joining, he continuing to improve, and if they cannot agree on the value of such fence at the time of his so ceasing to improve, the same shall b^ determined and asr certained by the fence viewers in manner aforesaid, and on neglect of payment after demand actually made, for the space of thirty days, the said party so ceasing to im- prove, shall recover the full value ascertained as afore- said, of the occupant, lessor or freeholder, by action on the ckse with cost of suit." '^That when any damage shall happen to any owner or occupant of land, by reason of deficient fence which it was the duty of the owner or occupant .of the land ad- joining to boild or maintain, then such person whose du- ty it was to build or maintain such fence, which bath . proved to be so insuffiftient, shall be liable to make good / Fences. 109 all sach damages, to be recovered by special action on the case." ^^That when anj damage shall be done to any person, whose fences are insufficient, and such damage shall hap- pen through such deficiency of fence, by swine yoked and. ringed according to law, horses fettered, and other creatures not prohibited^rom feeding on the highways or commons, the person sustaining such damage may not im- pound the creatures so doing damage, nor shall he recov- er any damages therefor." "That if any fence viewer shall neglect to attend, and do any of the duties enjoined upon him by law, he shall forfeit and pay the sum of thirty shillings to any pei;son who shall sue for the same." *^Tbat each fence viewer shall be allowed four shillings per day for his services, and two shillings for any time less than a da}', and in all cases except when the same is otherwise ordered and directed, the fees shall be paid by the parties interested, and in all cases where the party or parties whose duty it is to pay the fence viewers for their service, shall neglect to pay the same for the space of thirty days after the service done, they may re- cover double fees by action on the case, and each fence viewer may be a witness for or againSjt another ,fence viewer, who was concerned with him in the same busi- ness or service." • "That in all cases before mentioned, where fence view- ers shall make a division of fence, or shall estimate the value of any fence made or repaired, they shall make oath that in doing it they have acted impartially, upright- ly and according to their best skill and judgment, and the same being recorded with the justice's certificate there- on, in the book of records belonging to such town^or place, by the clerk thereof where the original is lost, an attest- ed copy frotn such records shall be used instead thereof; and shall be of equal validity with the original." FORM NO. I. The form of an agreement tnade by owners of adjoining lands to divide the fences. Memorandum. It is agreed by and between A. B. w Chester in the county of Rockingham, yeoman, and 110 , Fences. C. D. of the same Chester, gentleman, that the fence between the farm of said A. B. in said Chester on which he now resides^ and the farm of the said C. D. called the Chase place shall be divided and that the part of said fence v/hich is as follows, to wit: begin- ging at , and running to shall forever hereafter be maintsiined and kept in repair by the said A. B« and his heirs and assigns; and that the part of said fence, •which is as follows, to wit: beginning at -and run- ning to shall for6ver hereaftei b^ maintained and kept in repair by the said C. D. and his heirs and as- signs. In witness whereof we have hereunto set our hands, this day of . A. D. A. B. CD. FORM NO. 11. Fomi of a notice to be given to the parties by the fence- viewers before they proceed to make a division. To A. B, of Chester in the coufiiy of Rockingham^ yeoman^ and C. D, of the same Chester^ gentleman. You are hereby notified that application having been made to the undersigned, the lence-viewers of the said town of Chester to make a division of the fence between the farm on which the said A. B. now re- sides and the farm of the said C. D. called the Chase place, we shall attend, for the purpose of making a division of said fence on Monday the day of / instant, at ten of the clock in the forenoon at said fence, when and where you may be present and be heard on the sabject if you see cause. Given under our hands this day of A. D. W. H. CM. A notice in this form ought to be read to the parties re- spectively or be left at. their respective places of abode Fences, 111 a reasonable time previous to the day appointed. It will be the safest cours,e to give at ie&st seven days notice ex- clusive of the day appointed. FORM NO. III. Form of a division of a fence by fence-viewerS' The undersigned, the fence-viewers of the town of Chester in the county of Rockingham, due applica- tion having been made to us to make a' division of the fence between the farm on which A. B. of said Ches- ter yeoman, now resides and the farm of C. D. of said Chester gentleaian^ called the Chase place^ ap- pointed Monday, the twenty-first day of July A. D. 1828, at ten o'clock in the forenooti at said fence, as the time and place fdr taking shid application into consideration; and having caused due notice of the ' said time and place to be given to the said parties re- spectively on the fourteenth day of the same July, we have this day met agreeably to said appointment; an^ having viewed said feilce and heard the parties and duly considered all the ciicumstances we have made and do hereby make a division of the same as follows: That part of said fence beginning at and running to we have assigned to the said A. B. to be main- tained and kept in repair by him his heirs and Assigns forever; and that part of said fence beginning at' and running to^ We have assigned to the said C* D. to be maintained and kept in repair by him his heirs and assigns forever, And we do certify that our fees for the services aforesaid amount to one' dollar, fifty cents of which is to be paid by each party. In witness whereof we have hereunto set our hands, this twenty first day of July A. D. 1828. W. H. C. M. Rockingham, rs. — July 21, 1828. - Then the above named W. H.andC. M. personally appearing made odXh that in making the division of the t 112 Fences, above named fenlce as aforesaid, they acted impar-^' tially, uprightly, and according to their best skiU and judgment, before me, C. X. Jtksi Ptact. FORM NO. IV. Form of an application to the fence-vievoers to examine a fence which is out of repair. To M, N, and O. P, the fence-viewers of the to'wn of Ches- ter in the county of Rockingham, Whereas the fence between the farm on which the undersigned now lives in said Chester and the , farm of C. D. of said Chester called the Chase place has been heretofore divided, one part whereof begin- ning at and ruuning to the undersigned is by law bound to maintain and keep in repair, and another part thereof beginning at and ruuning to the said C. D. is by law bound to maintain ancf keep in repair; ' and whereas the undersigned has always maintained and kept in repair the part of said fence which is to be by him maintained and the same now is in good repair; and \yhereas the said part of the said fecce which is by the said C. D. to be maintained is cut of repair and wholly insufficient; You are there- fore requested to examine said fence and tq direct the said C. D. to repair his said part of the same. Dated at Chester this day of . A. D. 1828. A. B. FORM NO. V. Form of a notice to the adverse party, 7^0 C, D, of Chester^ in the county oj Rockingham, gentleman. Application having been made to the undersigned^ the fence-viewers of the said town of Chester to ex- amine the fence between the farm on which A. B. of Fences* * 113 said Chester now resides and your farm called the Chase place, and to direct you to repair that part of said fence which you are hy law bound .to keep itf re- pair; you are hereby notified that we shall meet a^t the said i^nce for the purpose aforesaid on Monday the day of June instant, at "ten of the clock in the forenoon when and where you may attend and be heard if you see cause. Dated at Chester the day of June A. D. 1828. M. N, 0. P. This notice may be served by reading the same to the party to whom it id directed or by leaving It at' bis usual place of abode. And this should always be done by some person who will be a competent witness to 'prove the fact. The service should always be made a sufficient time before the day appointed to give the party notified a fair opportunity to attend. FORM NO. VI. Form of an order of notice to be given to a party to repair his fence. The undersigned, the fence-viewers of the town of Chester in the county of Rockingham, application having been made to us to ex'imine the fence between the farm on which A. 6. of «aid Chester now resides and the farn: of said C. D. of said Chester called the Chase place, and due notice of the time and place of our meeting for the purpose aforesaid having been given to the said parties, met this day at said fence and having duly examined thel same fence we are of ophion that the part of said fence which the said C. O. is bound to repair, beginning at and running to is insufficient^ and that the part of said fence which the said A. B. is bound to repair, beginning at and running to is sufficient. 11* ■wr 114 fenM, . The said G. D. is therefore direeied to repair his said part of said fence within six days from the day when he shall have had due notice of this direction. . Given under out handsi, this day of 1828. M. N. 0. P. This should be served upon the party to be notified by reading the same to him or by leaving a copy of the same attested by one of the fence-viewers at his last and usual phce of abode. And care should be taken that this be clone by some person who may be a competent witness. A memorandum ought also to be made oi the day when the notice is given. FORM NO. VII. Portn of a notice to he given to a party of the time and place ifihen and where the repairs of a fence are to be appraised. To C. D. of Chester in the county of Rockingham, The Undersigned, the fence-viewers of the said town of Chester having been requested to appraise certain repairs made by A. B. of said Chester in the fence between the farm on which he now resides and the Chase place, have appointed Monday the ' day of instant at ten of the clock in the forenoon at said fence as the time and place for making said ap- praisement when and where you may attend and be heard if you see cause. M. N. O. P. This notice shonld be served in the same manner as No. 5, above. ' Fences, 115 FORM NO. VIIL • Form of an appraisement of the repairs made in a fence. The undersigned the fence-vie*ers of the town of Chester in the county of Rockingham havitig been re- quested to appraise certain repairs made by A. B* of said Chester in that part of the fence between the farm on which the said A. B. now resides s^nd the farm of C. D. of isaid Chester called the Chase place, which the said C. D. is bound to keep in repair, have this day met at said fence for the purpose aforesaid, due notice having been previously given to the parties aforesaid of the time and plac^ ot our meeting; And having viewed the premises and attentively considered ^ the subject we do adjudge the fence repaired as afore- said by the said A. B. to be sui]Bcient and we do ap- praise the said repairs at the sum of five dollars. And we certify our fees for the services aforesaid to be one dollar and thirty-four cents. Given under .our hands, this day of A. D. 1828.. ' M.N. 0. P. FORM NO. IX. Form of an application to the fence-viewers to ascertain the value of a Jence buiU by one party hefort the other party began to Mprove his adjoining land. To M. K, ond O. P. ihejence-viewers of the town of Ches^ ter in the co-unty of Rockingham, Whereas the fence between the land of the un- dersigned, called the cow-pasture, and the land of C. D. called the Parker place, in said Chester, was built by the undersigned before the said C. D. began to improve his said Parker place, and whereas the said C. D. now improves his said Parker place and is advantaged by said fence, you are requested to view the said fence and ascertain the value thereof. A. B. _ 9 116 Fencei, ' t FORM NO. X. Fomx of a notice to be given to the adverse pat^ty upon an application as inform .ATo. 9. To C. D. of Cheiter in the county of Rockinghafn, gentleman. Application having been made to the undersigned, the fence-viewers of the said town of Chester, to exs^mine the fence between the land of A. B. of said Chester, called the cowpasture, and your land called .the Parker place, and to ascertain the value thereof, you are hereby notified that we shall meet at said fence for the purpose aforesaid on Monday the day of June instant at ten of the clock in the forenoon, when and where you may attend and be heard if you see cause. Dated at Chester, the , , day of June A. D. 1828. M.N. O. P. This notice should be served in the same manner as di- rected under form No. 5. ' FORM NO. XL Form of an appraisement of a fence' upon an application as inform JVo. 9. The undersigned, the fence-viewers of the town of Chester in the county of Rockinghan) having been re- quested to appraise the fence between the land of A. B. of said Chester, called the cow-pasture, and the ' land of C. D. of the same Chester, called the Par- ker place, have this day met at said fence for the pur- pose aforesaid, due notice having been previously giv- en to the parties aforesaid of the time and place of our meeting; and having viewed the premised and heard the parties on the subjecj^ we do adjudge that the said fence was on day of A. D. 1828, when Swine,^ ^ 117 the sjaid C. D. i^ said to have began to improve hii adjoining laud, of the value of ten dollars. Given under our hands, this day of A. D. 1828, M. N. When a party ceases to improve his land and wishes to have the value of the fence hetween his and the 'ad' joining land asceitained, the foregoing forms Nos. 9, 10, and 1 1 may be used with very slight alterations. CHAP. XII. or THs ZiA'ws RsaniaAmzra Bwijsnah The statute of June 16, 1791, entitled "an act regu-' latinrg swine,'' enacts 'Hhat no swine shall be suffere^d to go at large on any highway or common within this state, at any time between the first day of April and the last day of October aniluaily without beiivg yoked aod nnged accordicg tc law, on penalty that the owners forfeit and pay one shilling and six pence for each offeoce, to ^e re- covered by action of debt belbre any jastice of the peace by any hogreeve, or any freeholder of the town or place where such swine shall be found, who will sue for the same, with cost of prosecution, unless it appear thai such swjue were accidentally out of the owner's enchsure. 118 Swine. And no swine shall be suffered at any time in the year to go at large 4n the compact part of the town of Ports- mouth, which is described and bounded as follows, tIz. beginning at the westerly side of the gaol, thence running southerly to the head of Pickering^s mill-pond, thence easterly by said pond to the river, ihence northerly by said river to Boyd's mill-pond, and thence to said place of beginning, on penalty that the owner forfeit the swine 80 going at large, to any person who -shall take up and se- cure the same, unless it shall appear that said swine were accidentally out of the owner's enclosure. And no «wine in any other part of the state, shall at any time in the year be suffered to go at large, without a ring in the nose sufficient to prevent rooting, on pain that the owner forfeit one shilling and six pence for each offence, to be recovered by any hogrecve or freeholder in manner as aforesaid ; and no y«ke shall be accounted sufficient, un- less it be as much as the depth of the swine's neck above the neck, and half as much below, and unless the sole or bottom of the yoke be three times a^ long as the thick- ness of the swine's neck. And in case the owner of any swine which are found going at large unyoked , and ud- ringed as tbe law required, shall not be known to the hogreeve or freeholder as aforesaid, finding such swine, he shall have full power to impound them, and shall give no6ce in the town or place where they shall be im- pounded, and in two adjacent towns, by causing a notifica- tion thereof, with tKe natural and artificial marks (if any) of such swine, and by whom impounded^ to'be posted in some publick place in each of the respective towns afore- said, and if no o\yner shall appear within six days after such. notifications are set up, or appearing shall refuse to pay the penalty aforesaid, with charges of impounding and supporting said swine (which support every impoudd- er shall cause to be furnished) then the person impound- ing such swine may apply to a justice of the peace, who is hereby ordered and directed to issue a warrant of ap- praisement to two suitable persons to appraise the said swine upon bath, by him to be administered ; and the im- pounder may take such swine to his own use at the ap- , praised value, or he may expose them to sale at publick auction, giving tweniy-four hours notice before hand of the time and place of the intended sale, and be shall be Swine. 119 ailawed all reasonable cost and charges for his trouble, as- sistance, time ib driving, charge in supporting,adyertising and selling or appraising said swine as aforesaid, to be ad- justed by the justice that grants the warrant of appraise- ment ; and if no owner shall appear^ and there remains any overplus money after the penalty and all costs and charges are deducted, either from the appraised value or the proceeds of such sale as aforesaid, as the case may be, such overplus money shall be delivered to the justice wlio adjusted the charges as aforesaid, to be by him paid to* the owner, if he apply for the same within one year from the time of his receiving the same, and in case he do not apply within the said time, then to be delivered to the overseers of the poor of such town or place where the impounding is, for the use of the poor of such town or place." ''Tha^ it shall be the duty of the hogreeves in the re-* spective towns and places in this state, to see that all swine going at large be yoked and ringed as the law re- quires : and if they find any swine going at large un- yoked or unringed, according to law, or if complaint be* made to them of any such within their respective towns or places, in such case the hogreeve shall notify the own- er of the swine, if known, to yoke and ring thasame, and if the owner neglect so to (\o after notice givem, for the space of twenty four hours, then the hogreeve shall yoke and ring such swine as the case may require, and bhall have as a fee for BOtifying, for each swine in all ca- ses three pence, and one shilling for yokeing, aud six pence for Tinging every swine so by him yoked er ring- ed ; to be recovered by action against the said owner ; but if th^ owner be not known, then the swine going at large unyoked and unringoid shall be impounded, and pro- ceeded with as aforesaid by tne hogreeve, or by any free- holder as aforesaid, in the manner before directed." '^That the inhabitants of any town, may at any legal meeting agioge upon any method other and difi'erent from that mentioned and prescribed in this act (except what relates to the compact part of Portsmouth as before de- scribed, and except wliat relates to ringing ) for regula- ting the. swine within the same town, which regulations shall last for one year only, upon such pains and penalties as shall be adequate'to the purpose of carrying the same into execution." 140 ' Swine. .. FORM NO. I. Form of a notice to be posted up when hogs are impounded. To all whom it may concern* Notice is hereby given, that four swine, to wit: [here describe the swine particularly^ stating the marks, natural and artificial if there be any] being found going at large in the town of Concord in the county of Mer- rimack, unyoked apd unringed as the law requires, on this 20th daji of June 1828, and th6 owner of thfe same being unknown, have been taken and impounded in the common pound in said Concord, by the under- signed, a freeholder of said town, where the owner or owners may receive the same on payment of (he pen- alty incurred by their being at large as aforesaid and the costs of impounding and supporting them. A. B. Concord, June 20, 1828. FORM NO. II. Form oj an application to a Justice of the Peace for a warrant of appraisement. To J. S. Esqidre one of the Justices of the Peace within and for the county of Merrimack. A. B. a freeholder of the town of Concord in said County, coifiplains, that on the twentieth day of June, in the year of our Lord 1828, he found four swinfe, to wit: [here describe them as directed in the last form] go- ing at large, in said town unyoked and unringed as the law requires; and the owner of the said swipe being unknown, he the said A. B. took and impounded the same swine, on the same day in the common pound in said Concord, and at the same time caused a' notifica- tion thereof with the natural and artificial marks of the said swine and by whom impounded, to be posted ^ ■■ Swine* ^ Hi up at a public place in said Gwcord, and a like cetifi- cation to be posted up in a public place in Pembrokei and in fiow, being two adjoining towns, and more tbaa six days having elapsed since notifications were posted up as aforesaid, and no owner having appeared to paj/ the fine incurred by the said swine being at large as aforesaid, with the charges of impounding and sup- porting the same ; the said A. B. prays t6at a war- rant of appraisement may issue to two suitable per- sons to appraise the said swine. A. B. Aterrimack, ss. June 21 j 18S8. Then the above named A. B. appearing made oath thatthe above com- plaint by him subscribed is in his belief true. Be- fore me, H. S. Justiet of tht Peace. < L. S. ( PORM NO- III. Farm of a learrant of appraistmefU^ To C H, and G.. L, of Concord in the county of Merri' mack, ttEEETING. Whereas A. B. of said Concord has exhibit- ed to me H. S» one of the Justices of the Peace within and for said county of Merrimack, his afore- said complaint and application on oath* You are hereby required to appraise on oatli' the swine mentioned in said application forthwith, and to make return of your doings herein. « Given under my hand and seal, this day of A. D. 1828. H. S. Justice of the Peace. Merrimackf $8. June 28, 1828. Then the above named C. H. and G. L. personally appeared and made oath that they would faithfully and impartially ap- praise the swine mentioned in the above warrant ac- cording to the best of their judgment. Before me, H. S. JuOkepf fte Peau. 12 122 . Swine. ^ POUM NO. IV. Ftfrm of' the fMum of theof^aiteirs. j Concord^ June 28^ 1828. In obedience to the with- in warrant the undei^igned upon* oath say, that the swine within mentioned are of the value of twenty dollars and no piote. * C. H. G. L. ' (MS) \ \ \ \ CHAP. xiir. or •ma XiAW BBX>A¥n^fi to stbavs akb ZiOST O-OOBS. On this subject we have two, statutes, as follow : ^^AfV Act reltttioB, to Strays^ and Lost Goods, • Sect. 1. Be enacted by the senate and house of reptt' sentatives^ in general court conroened^ That the person hod- ing any money, or goods, or finding and taking tip any stray bea«t, whereof the owner Is not known, sh^ll, with- in six days fVom the time of Ending or takingfup as aforesaid, give notice thereof in writing to the clerk of the town or .place in which such money^ |^oods or beafft were so found or taken up, and shall io such notification particularly describe the goods or beast so found or taken up, and shall mention therein the atnotint of the money found ; and the' said clerk shall enter the same in a book to be kept by him for that purpose; and the said person finding, shall also within the said term of six days, put up alike no- tific^ioQ in some publick place in said town or place ; ^'aed^the said clerk shall at three publick meetings of sach t6wn or place, immediately succeeding, read the same notification given to him a!f aforesaid puhlickly in the same meeting,'' and if the money so found, or the Tulue of the g^s^ds or bieasts so found and taken up, ex- ceed twenty shillings, th|( said person finding or taking up shall also within the time bafo^ mentioned, put up a like ' notification in some pQblick place in each of two at least of the adjoining towoB or places, and the person so find* ing or taking tip any stray beast, shall also within the said term of six days put a withe about the neck of such stray beast, and if no owner a'ppeai^etb within one month from tfcte time of notifying, then the person finding shaU apply to a justice «f the peace, wh»> shall appoint one or more persons, not exceeding three, tp appraise the property 60 found, if such property be other than money. And the said appraiser or appraisers shall be sworn by the y' 1!^4 Stratfi and loii doodw* said justice to the faitlifal discharge of that dlitj, and shall make return of such appraisemeDt to the said justice; and if the owue^ of any money, goods or stray beasts, do not appear within one year from the titne 'of the notification being entered with the town clerk as aforesaid ; then the charges incurred by the person finding, the justice^s, clerk's and appraiser's fees, ^d the keeping previous to ' the appraisal, being adjusted and allowed by the said jus- tice, and being deducted fron^ the amount of the money found, or from the appraised value of the goods or stray beasts so found, the. person so finding shall pay a sum equal to' the residue to the treasurer or sel^ctmea of the town or place where such money, goods or !ttray beasts was found, to be for the use of such jtown or place,.aDd the person finding s^all keep the money, gooder or beasts so found to his own use ; but if the owner appeareth at any time afle^ notice given to the clerk as aforesaid, and shall tender to the person finding ^ reasonable - som for the keeping, charges and fees incurred^ to be adjusted by the justipe, who appointed the appraisers^ and in case none were appointed, then by any jitstice of the peace to whom the person finding may immediately apply, or if he doth not immediately apply, then to be adjusted by any justice of the peace te whom the owiyer may apply, in such case the owner shall he entitled to his property again. ^ -* Sect. 2. And be it further enacted, That if any pf rsoa >finding any money nr goods as aforesaid, or taking up any stray beast as aforesaid, shall neglect to notify in manner aforesaid, within the time hefbre prescribQ^vOi* shall neg- lect to put on tM withe before required to be put on, and to keep on the same constantly, or shall neglect to apply to a justice of the peace for appraisement as aforesaid, such person so neglecting, shall not be eip titled td receive any thing for his trouble or phai^es in keeping or adver- tising, or other proceedings with snch . money^ goods or strays; and shall further forfeit and pay to any persfon who shall sue for the same, the sum of ten pounds for er- ery such neglect or defiiult. Sect. 3. .4fid he U/urtbef enacted, That if the stray beast foadd and proceeded with according to law, should happen to die, not through carelessness or negligence of Sirm^ mtd loci G^dt. 1^6 tLe penon Studaag mad keeph^ then the person findiog, if ever he should diacoTer the owner of soch straj beut| shall be entitled to recover against him all soch leasona* Ue costs and charges as he maj have been at before the death of «ach creatnre. Sect. 4. jIiuI he it further emaettd^ That if an v. clerk shall omit to do the dnty enjoined upon him by this act, he shall forfeit and paj to anj person who will sue for the same, the sum of ten pounds, to the use ot the person ■suing. And if anj person shall take down ai^ notifica* ti<»i set up as aforesaid, until the expiration of one ye^r from the time of setting up the same, or until the purpose for which such notification ^as set up shall hare been fully answered, or if any person shall take off the withe to be put on stray beasts as aforesaid, during th6 time in which the same ought to rendain on such stray beast,every person so offending in either of the cases aforesaid, shall forfeit and pay to any person who shall sue for the same, to his use, the sum of two pounds. Sect. 5. And be it further enactecty That no person shall from the first day of April, to the first day of Novemberi yearly, take up any horse or other beast for a stray, or proceed with them as such within said term, though the ' owner be not known, unless such beast be taken damage feasant, or doing damage in some enclosure. Sect. 6. And be it further enacted, That the fees for notifying the clerk shall be one shilling and six pence, and one shilling and six pence for OTery advertisement posted up, and if in an adjacent town it shall be two shillings and six pence, and the clerk's fees shalf be one Bhillin«^ and six pence for receiving and recording the notification, and six pence for each time of reading and notifying at a publick meeting ; and the justice shall be i alloWed for appointing appraisers one shilling and six pence, for receiving the appraisal one shilling and six pence, ^for recording the same and adjusting the charges three shillings, and the person keeping any stray beast^ shall be paid for putting on the withe, and keeping the same on, if less than six months, one shilling dnd six pence, if more, three shillings, and for keeping, the cut* tomarjr price*" 12G Sirayi and lost Goods. ^^An Act in addition to an aci^ entitled^ ^'An act, relaiivt to Stray t and lost Goods.''^ Sect. 1 . Be it enacted hy the senate and house of rep- resentatives^ in general court convened, That when any person or persons, iinding any money or goods, or finding and taking up any stray beast, whereof the owner is not ^nown; shall give notice thereof in writings to the clerk of the town or place in which such money, goods, or beast, were so foucd, or taken up, and particularly de- scribe the same, according to the provisions of the act to which this is in addition, it shall be the duty of such clerk to post up an attested copy of such DOtiHcation, and description of such money, goods, or beast, so foond^ at three publick meetings in such town or place immediate- ly succeeding, or read the same publickly at Said meet- ings. Sect. 2. And be it furthelr^ enacted, That in case there are D regular j^tated meetings in such town or place, it shall then be the duty of such town clerk to post up an attested copy as aforesaid, at ^me public place in such town, three. Sabbath days, or three public meeting dajs, im- mediately succeedibg the receipt of such no.tification and description : and that the part of said act, to which this is in addition, in the following word^ to wit : *' and the said clerk shall, at three public meetings of such town or place, immediately succeeding, read the same notification given to him as aforesaid, publickly In the same meet- ing,** be, aqd the same hereby is repealed." FdRM NO. I. Farm of a twiict to the town clerk, of Goods found. Tq a, B. Clerk of the town of Concord. This is to give notice, that on the day of in- lAant, I found at said Concord the following articles?) viz: The owner of wlaich is to me unknown^ C. D. Concord, June 18, 1828 i I / T^ n Strayt and loti Goodt. \%t FORM NO. II. Form of a notice to be posted up wh^n goods are found. Notice is hereby giYen, that I, the underaigoed, found in Concord, in the coi^nty of Merrimack, oo the day of A. D. 1828, the following articles, viz: The owner of svhichis to me unknown. A. B. . Concord, June 16, 1838. . FORM NO. in. Form of an application to a Justice of the Peace for a warrant of appraisement. To C. D, Esqmre^ one of the Justices of th^ Pco,ce mthin and for the county oj Merrimack* , Shews A. B. of Concord, in said county, tliat or the day of A* D. 1828, Jie found in said Con- cord, the following goods, viz: the owner of which then was and still is unknown to him; that on the same- day of he gave notice thereof to the town-clerk of said Concord, and put up a notification in a public place in said Concord; and although more than one month has el|ipsed since notice was given as aforesaid, no owner has yet appeared; wherefore the said A. 6. prays that a warrant, of appraisement may ^ issue to some suitable person or persons to appraise the said goods* A. B. Merrimacky ss. July 28, 1828. Then the above named A. B. appearing made oath that the above ap- plication by him subs(cribed is in his belief true. Before me, C. D. Justie$ of f/ie Peace. *• ^ y 128 ' Strays and loH Goods. FORM NO. IV. Form of the toarrant of appraisemitU. To C, H, of Concord in the*county of Merrimack. i'*^ 1 GREETUfG. ^^^\ Whereas A. B. of said Concord, has made to me C; D. one of the Justices of the Peace within and for said county of Merrimack, his aforesaid ap- plication on oath: You are hereby required forthwith to appraise, on oath, the goods mentioned in said application, and make return of your doings herein. Given under my hand and seal, this day of A. D. 1828. C. D. Justice of the Peace. Merrimack, ss. July 28, 1828. Then the above named C. H. personally appeared and made oath that he would iaithfully and impartially appraise the goods mentioned in the above warrant, according to his best judgment. Before me, CD. Justice of the Peace. FORM NO. V. Form of the return cf the appraiser. Concord, Jvly A. D. 1828. In obedience to .the within warrant, the undersigned upon oath says, that the goods within mentioned are of the valuo of dollars^ and jio more. C. H. ' \ t (IM) CHAP. XIV. , , OF VBS XiAWS BBaUXiJLTZM0 3POinn>9. "* Od this fubject there are two statutes, as follow: ^^ An Act regulating Pounds* ^' Sect. 1. Be it enacted by the senate and .house of rep- resentatives^ in general court convened^ That there shall be made and maintained in every town ip this state, in some conveaient place, a good and sufficient pound, to be built and maintAined at the expense of such town, for the im- pounding and restraining of al] swine, cattle, sheep or other creatures liable to be impounded or restrained.^ And if any town i&all not be provided with such pound, within two years from the passing of this act, they ^ shall forfeit and pay to any person who will sue for the same, the sum of ten pounds,* and the same sum for every year afterwards that they shall be destitute of such pound ; and may on indictment be fincMcl in a aum not exceeding five pounds in either of the cases aforesaid^ to the use of the county in which such town lies. And where any town or place shall not have such pound, any pentbn de- sirous of impounding any creatures doing damage, or oth- erwise liable to be impounded, may impound them in his own barn or other enclosure, taking care immediately to notify the owner and all concerned of the place where, and the cause for which they are impounded. Si$itrr. 2. And be it Jurther enacted^ That it shall and mayi)d lawful for any person to impound any swine, neat cattle, horses, sheep or other creatures that shall be found damage feasant, or doing damage in his enclosure ; swine found in the" highway^ or on any common land, in any town or place, unyoked or unringed as the law requires ; any neait cattle, horses, sheep or other creatures going on any common land in any town or place, not allowed to feed there by the town, or major part of the proprietors of such common land, who may permit the same. And the fees to be paid to the pound keener shall be three pence per head for every creature impounded, except 130 ' Poundt. sheep, for which the fees shall he one peDtiv per head, iocluding the putting in and letting out, and^ tlie fee to the person ioipounding shall be four pence per mile for travel, from the place where the creatures impoundjed are foun^dtfing damage, or otherwise liable tobeimpouQded, to the pound ; and two pence per head for driving, if more than one mile, otherwise one penn^ per head, and the sum to be allowed for sustenance of the creatures impounded, shall be for cattle and horses above one year old, six pence per day each, for cattle and horses under that age, and for all pther creatures, two pence per day each. And it shall be th& duty of the pound keeper, where there is any such, otherwise the duty of the per- son impounding, to cause the creatures impoundedtD be relieved with meat and drink, suitable for such creatures, and upon neglecti such person shall be liable to an actioa by the owner of the cattle for atl damage sustained there- by. And the person impounding any creatures, shall leave with the pound keeper, in writing, aa estimate of the damage sustained, and done by the creatures im- pounded, and the amount of his feeg and charges incur- red. And if he shall know the owner of the creatures impounded, or the |ierson who hath had them last in pos- session or keeping, he shall, within tw*^ty-four Jioars from the time of impounding, cause to be delivered to the owner thereof, in person, or cause to be left at the last and usual place of the abode of such person, a noti • fication in writing, which shall certify the owner, of tliu damage ddne, describe the creatures that did it, the time when, and the place where the same was done, and the sum at which he estimates such damage^ and the amount of such charges and fees, as have already accru- ed. And the person notWying shall be- allowed onfe shil- ling and six pence therefor, and (wo pence per mile for travel from the pound to the place where such noti£car V tlon shall be giyeii or leit a§ aforesaid. And the owner or claimant of such creatures, if he will pay the damages done, and the charges inpurred therein, to the4)ersQn im- pounding, or to the pound keeper, the pound .keeper or person impounding shall immediately release the crea^ tures impounded. But if th^ owner of the creatures impounded shall refuse to pay the sum, at which 4he Poimdt. 131 party conceiving himself injured by sach dreatuies, kas estimated the same damage ; then the person impounding may, and upon his neglect the ovyner may apply to some ^ justice of the peace in the same, or in an adjoining town^ who shall immediately notify the [(arly to appear before hira, at such time and place, as the said justice shall ap- point, which to prevent expanse to the parties litigant, shall be 'as soon as possible, and upon his attendance at the time, or in case he should retuse to attend, in either case, the said justice shall nominate, and after hearing the objections of the parties present, shall appoint one or more person or persons indifferent, between the parties, not ei^ceeding three, to appraise the damage done by such creatures ; and the persons so appointed, shall re- pair to the place where the supposed trespass was com- mitted, and having considered all the circumstances, and heard the pleas and and allegations of the parties, and their witnesses produced, or such of the parties as may choose to attend; the man or men so appointed bv the justice shall notify the parties of the time when he or they will attend the business, and when he or they have heard and considered the whole matter, he or they so appointed, or major part of them) if more , than two shall make return in writing to the justice, either that th^ party has sustained damage, and how much, or that such party hath sustained no damage, and the report shall be final and conclusive between the parties, as to the trespass for which the said creatures were impound- ed, and upon paying the sum so assessed and report- ed, and the charges incurred, including the fees of the justice and the person or persons who appraised the damages, to be assessed by .the justice, or upon tender of the same, shall be entitled to have bis creatures im- pounded, released from the pound. And in all cases the owner of the creatures impounded may, at any time while the creatures remain in the pound, replcvie the same, if h^ see cause, giving sufficient bond with good sureties, in a sufn equal to double the value of the crea- tures impounded, to prosecute his replevin before*a jus- tice of the peace, if the value of the creatures im- pounded exceed not the sum of forty shillings, within fii- teen days, otherwise at the- next court of ccnmon pleas, to be holden in the same county, and to pay all such dam* I2ife Poundt. ag^ea, costs and charges as may be awarded against Uin. Sect. 3. And be it furihtr enoLcttd^ That where thd owner of any creatures lawfully impounded, shall not be known, the person impounding shall immediately, or at least within twenty-four hotirs after the impounding of such creatures, pat up a notification at some public place in the town where the said creatures are impounded, and in two adjoining towns, containing the same as before required to be left with the owners of any creatares im- pounded, where known ; and if after the space of four days from the time of impounding no owner appears, the peison impt>unding may, upon paying the poaad keeper his charges for impounding and for keeping the creatures impounded, take the creatures impounded oat of the pound, and proceed with them as strays. Botif the owner though at first unknown appear, or if the own- er be known and notified as aforesaid, and doth not ap- pear, or appearing doth not replevie his creatures im- pounded, in every such case, at the end of four dajs from the time of the owner^s appearing in the first case^ or at the end of four days from the time of his being no- tified as aforesaid, in the latter case, the creatures not being replevied, but still remaining in pound, and the owner in either case not having paid or tendered to the person impounding, or the pound keeper, the amount of damages assessed as aforesaid, and all lawful charges as aforesaid, the person impounding shall, if it is not done already, apply to a justice to have the damages assessed) to be conducted and managed as before is directed : and the justice shall order the creatures impounded, or so many of them as may be sufficient to satisfy the damages and costs, as he may think most advantageous to the owner, to be sold at public auction, giving the same do* tice as sherifis are obliged by law to give when tbej shall sell any chattels to satisfy any execution, or he vaij order them to be appraised, In which case the person impounding them shall take them to his own use at the appraised value, and in either case, after the .damages and all charges are deducted, he shall pay the overplo^t if there be any, to the owner when he appears to receive it, and in case they are not *all appraised or sold at aac- tion, the person impounding shall keep such creatures ai Pounds. 133 remain, one jear for the owner, who at any time within the year may' have them^ paying the person kcepiog them, haying respect to the risk such person rdns of losing the keeping hy such creatures c3ying, a reasonable sum for keeping ; and if the owner doth not appear to demand or take them and pay the keeping a^ aforesaid, then at the expiration of the said year, they shall be the property of the said person impounding them. And in all cases the damages to be estimated to the party im- ponndipg, shall only be that which hath been done by such creatures the last time of their being in the enclo- sure of the person impounding, and not any damage the same creature may have dope at any time previous thereto. Sect. 4. £nd be it further enacted. That if any person shall rescue any swine, neat cattle, horses, sheep or other creatures, from the possession of any person driving or being about to drive them to pound, the person so of- fending, shall, for every such offence be liable to pay a £ne of forty shillings, besides damage, to the person in- jured thereby. Andi^ any person shall make any pound** breach, or in any way directly or indirectly, convey pr deliver any creatures out of any pound, without lawful authority so. to do, he shall, for every such offence, for- feit and pay the sum of five pounds, on indictment to be found by the grand jury, and siiall also be liable to an ac- tion by the person impounding, to recover all such damages^ as he shall have sustained by reason thereof. And if 'any person convicted of either of said offences, shall be un- able to pay said fine and costs, the court before whom the conviction may be, niay punish such person by im- prisonment, not exceeding sixty days, or by whipping, not exceeding thirty stripes, at the discretion of the court before whom/the conviction shall be.-* An Act %n addition to art Act^ regulating Founds. Be it enacted hy the senate aad home of representatives^ in general court convened, That if any person shall make any pound breach, in any way directly, or indirectly, convey or deliver any creatures out of any pound within this state without . lawful authority so to do, or if any creatures legtlly impounded, shall, by any means be set 13 134 Pounds. at large, otherwise than by dae coVirse of law ^ the pound keeper or the person who impoanded the same, is hereb j authorized any time within six days from the time of said hreach, to retake said creatures and impound them again, and the pound keeper and person impoanding them shall have the *same fees for impounding the second ti{ne which they were entitled to by law the first time said creatures were impounded ; and the pouad keeper shall detain said creatures in pound until the damages and costs are satisfied for whiclb they were first impounded, with the additional cost of impounding after said.breach, or said creatures are otherwise released bj due course of law ; and if any such creatures , shall be found in any person's enclosure after such breach, and the owner of the enclosure shall refuse to deliver them up to the pound keeper or the person who first impound- ed them, upon his demanding said creatures, it shall be considered as sufiicient evidence against the person so detaining said creatures, to convict him ^ of having made the pound bVcach to release said creatures from the pound.'* FORM NO. h Form of a notice to be given to the owner of the crea* tures impounded^ when known. Mr. S. HT., This is to give you notice that I have this day impounded in the common pound of the town of Concord, one ox belonging to you. The said ox is of a chesnutJu]v 28,1838. 135 ,25 0,79 A.B. FORM NQ. II. Form of an application by a person impounding cre(Uurei to a justice of the peace to appoiiU appraisers. To J» S. Esquire^ one of the justices of the peac^ unthin and for the county of Merrimack, Shews A. B. of Concord in said county, that on the twenty-third day of July A. D. 18S8, he, the said A. B. found jn his close in said Concord, called the calf-pasture, an ox belonging to S. W^ of said Con* cord, doing damslge there ; that the damage done by the sanoLC ox amounted to one foliar, and for that cause he, the said A. B. impounded the same ox in thecom- mon pound in said Concord, and immediately gave due notice thereof t to the said owner of the ox, who re- fused and still refuses to pay said damage ; wherefore the said A. B. prays that one or more persons indiffer- ent between the parties may be appointed to appraise the damage done as aforesaid by said ox. A. B. Mevrimacky ss* July 25, 1828. Then the above named A. B. personally appeared and made oath that the matters stated ' in the above application by him subscribed are in his belief true. Before me, J. S. Justice of the Peace, 156 Pmmdi. t * FORM NO. III. Form of an order of notice upon the appUcoHon te the justice, Merrimack^ ss. July 25, 1828. Upon the foregoing application it is ordered that the said A. B. give no- tice to the said S. W. to appear before me at mj dwelling-house in said Concord, on Monday the twen- ty-eighth day of July instant, at nine of the- clock in the forenoon, and shew cause, if any he have, why an appraiser or appraisers should not be appointed as requested in said application, by reading to the said S. W. the said application and this order thereon, or by leaving a copy of said application and order at his dwelling-house two days previous to the said twenty- eighth day of July. J. S. Justice of the Peace. FORM NO. IV. . Form of the warrant of (^raisemenL To C. If. of Concord J in the county of Merrimack, gen- tleman. < JvJ ^ Whereas an application on oath has been made to the undersigned, one of the justices of the peace within and for the county of Merrimack, to ap^ point one or more suitable persons to appraise the damage done by an ox belonging to S. W. of said Concord in the close of A. B* of said Concord, called the calf-pasture, on the twenty-third day of July, A. D. 1828, you are hereby appointed and directed upon oath faithfully and impartially to estimate the damage if any, which may have been done as aforesaid.: And you are to give to the said parties due notice of the time when you will attend at the said pasture for the Pounds, 137 purpose aforesaid, that they may hare an opportunity to be heard if they so choose. .^ Hereof fail not ; and make a return of your, doinigs to the undersigned justice as soon as the business is completed. Given under ray hand and seal, this day of A. . D. 1828. J. S. Justce of^the Peace. .Merrimack, 88. ' July 28, 1828. Then the above named C. H. personally appeared and made oath that he would faithfully and impartially appraise the dam- ages mentioned in the within warrant according to his best judgment. Before me, '' J. S. Juutice of the Peace » FORM NO. V. Form of the return of the 4ippraiser, Concord J July Jl* Z). 1828. In obedience to the within warrant, the undersigned appointed this day at ten .of the clock in the forenoon, at said pas- ture, as the time and place for appraising the damage within mentioned, and gave due notice of said time and place to the within mentioned parties : and hav- ing repaired to the said pasture at the appointed hour, and heard the pleas and allegations of tke parties,' and iduly considered the whole matter, the undersign- ed upon oath says, that the said damages amount to the sum of fifty cents, and no more. 13* 138 Pomdt. FORM NO. VL Form of an application by the owner oj creatures iihr pounded for a warrant of appraisement. To J, S, Etqtiire^ one of the jwtices of the peace within and for the county of Merrimack, Shews S. W. of Concord, in said county, that on the day of A. D. 1828, A. B. of said Concord, took in his close called , the calf-pasture, < an ox belonging to thib undersigned, doing damage as the said A. fi. says, and on the same day impounded the said ox in the common pound in said Concord, and es- timated the damage done by the said ox in the said close at the sum of one dollar,, which the undersigned thinks exceeds the amount of th^. actual damage done. Wherefore the said S. W., the said A. B. having neg- lected to apply to a justice for that purpose, prays that one or more persons indifferent between the par- ties may be appointed to appraise the damage done by said ox as aforesaid. S. W. Merrimack^ ss. July Jl\ D, 1828. Then the above named S. W. personally appeared and made oath thajt the matters stated in the foregoing application are in his belief true. Before me, J. S. Jus. Peace. The form of the order of notice on this application, of the warrant of appraisc^ment, and of the return, the same as the foregoing forms, Nos. 3, 4, and 5. FORM NO. VII. JFbrm of a notice to be posted up in the town where the creatures are impoundedy and in two adjoining towns^ when the owner is unknown. Thi9 is to give notice, that I have this day impounded in the common pound in Concord, an ox of a chesnut col- or, Willi a artar m his forehe&d, vrhi^ wis fouad this dty domg; damage in my close called the calf pasture^ wbea and where he did damaje to tha amoaot of one dollar ; aod the anroant of the chaq^es of impoaadiog already locarred, is as follows : Concord, July A. D. 18SS. FORM NO- VIIL Form of an application to a justice of the ptac$ fbr cm order of sate To J. S. Esquire^ one of the justices oj the peace within und for the county of MerrimacK. Shews A. B. of Coacord, in said county, that on the day of A. D. 1828, he found )ftn ox belong- ing to S. W. of said Concord, doing damage in the close of him the said A. B. in said Concord, called the calf pasture, and on the same day' took and im- pounded the said ox for that cause in the oommon . pound in said Concord, and on the day of aforesaid, gave due notice thereof to the said S. W. ; yet, although more than four days have elapsed since ' notice was given to the said S. W. as aforesaid, he, the said ,S. W. hath neither replevied the said ox nor paid, nor tendered to the , undersigned nor to ^he pound-keeper the amount of the damages which have been legally assessed, nor the charges of impounding. Wherefore the said A. B. prays that the saia ox may be ordered to be sold in manner and form as the law directs. A.B. Merrimack, ts. July Ji. D. 1828* Then the a« 1>oye named A. B. appeared and made oath that the 140 Poundi, mattere alleged iii the foregoing application, bj him sabscribed are in bis belief true. ' Before me, J. S. Jus. Peaci. FORM NO. IX. Form of the warrant to sell. To A, B. of Concord^ in the county of Merrimack^ gentle- man. CREETING. L. 8 ' > / Your foregoing application having been A made upon oath to the undersigned, one of the justices of the peace within and for the county of Merrimack, you are hereby ordered and empowered, after you shall have posted up notifications of the time and place of sale in two of the most public pla- ces in the^ town of Concord in said county, fortyreight hours before the tio^e of sale, to sell the ox menticm- ed intlie foregoing application at public vendue to the highest biddei*, at the time and place you shall have ^ so appointed : and having deducted from the proceeds of such sale your said damages and all charges, you are to pay the overplus, if any there be, to the own-^ er of the said ox, when he shall appear to receive it. Hereof fail not. Given under my hand and seal, this day of. A. D. 1828. J. S. Jus, iPeace. (141) CHAP. XV. 07 TBB XiAlXTS RBXi ATXVE TO THB BAXmB OF OO&D-'VTOOD. The statute of February 15, 1791, entitled ^' an act to prevent fraud in cord-wood exposed to sale," enacts, ^' that all cord-wood exposed to sale, shall be four feet long, accounting to half the carf, and the • wood being well and close laid together, the cord shall measure eight feet in length, and four feet in height. And in every town and place in this state, where wood is usually sold by the cord, there may be one or more person or persons appointed by such town or place who shall be measurers of wood in such town or place ; and such measurers of wood shall be considered as town officers, and sworn as other town officers are, to the faithful disthai^e of the ddties of the office. Audit shall be the duty of the said measurers oi wood, to measure all wood brought into that town or place for sale by the cord, and to certify, the measure, and for measuring and certifying the measure there shall be paid by the purchaser to the measurer three pence per cord, and no more." ^^ iThat if any person in any town or place in this state, where there is any wood-measurer appointed and sworn, shall sell any wood by the cord, which is not measured by a ' wood*|ueasurer, the person ^selling, and the person purchasing the same, shall severally forfeit and pay for every cord of wood so bought and sold, thirty shillings, to be recovered before any justice of the peace, not interested ia the penalty, the one half of which som shall be for the use of the town or place in which the same is so bought and sold^ the other half to the ut>e of the person suing for the same." " That if any measurer of wood shall neglect or re- fuse to do his duty, in measuring and certifying the meas- ure of any wood brought to him to cord or measure, un- less he can give a sufficient reason for such neglect or refusal, he shall forfeit and pay foi; every such offence the sum of thirty shillings to be recovered and appropn* 9ted in manner as before mentipQed*" 1 I I \ (148) CHAP. XVI. The statute of December 15, 1791, entitled '^an act regalatiog scale beams, steelyards, weights and meas- ures,'' enacts, ^' that the governor, by and with the ad- vice of council, be, and hereby is authorized and em- powered to appoint a sealer of weights and oaeasures in each county in this state/' ^ " That each sealer of weights and measures appointed as a/bresaid, shall provide at the expense of the state, one complete set of scale beams, weights, and measures, similar to those now owned by Ibis state ; which shall be kept by him as* standards for the use of said county. — And it shall be the duty of said sealer of weights and measures to try itnd prove by said standards all scale beams, steelyards, weights and measures, which shall be brought to him for that purpose by the sealers of weights and measures chosen in the respective towns in said county ; and to seal such as shall be found just, agreea- ble to' said standards, who shall receive six cents, for ev« ery scale beam, steelyard, weight and measure so tried, proved and sealed." ' ^* That tlfe {selectmen of every town in this state, shall provide at the proper expense of their respective towns, one complete set of weights and measures, and a scale beam as aforesaid for the use of said town, of such mate- rials as the town shall think proper ; provided the liquid measures be of some kind of metal." ^^ That each town in this state, shall at their annual meeting choose one suitable person for sealer of weights and measures in said town, who shall be sworn to the faithful discharge of his duty, who shall notify the in- habitants to bring in all scale beams, steelyards, weights and measures, as they make use of, in the month of May from year to year, at such time and place as he shall ap- point, by posting up a noiification at every meeting-bouse. -1 • 7- I \WeigkU atjfd Measures. ^ 143 I' in 8£dd . town, and if there be no meetiog-hoase, then at flome public place in said town, three weeks successively prior to th^ day appointed ; and the said sealer shall try^ prove^ and seal all such scale beams, steelyards, weight^, and measures as shall be brought to him, and shall be found just agreeable to said standards.-^And he shall hare for every scale beam, steelyard, weight and measure so sealed, two cents from the owner thereof at the first sealing, and after the fivM. sealing one cent, only, so long as they continue just with the standard.'' /^ That all m^asure» by which meal, fruit and other things usually sold by heap, shall be sold, be of the fol- lowing dimensions, viz : the bushel not less within side than eighteen inches and a half wide, the half bushel not less than thirteen inches and ^ three quarter^ wide, the peck not less than ten inches and three quarters wide, and the half peck not less than nine inches wide. And if any person at any time from and after the first day of September next, shall sell, expose to sale, or offer any meal, fruit or other things usually sold by heap, by any other measure than is aforementioned, as to bigness and breadth, such person being complained of and convicted before any justice of the peace within the county, of so doing, shall forfeit and pay to the use of the poor of the town where the offence is commixed, the full value of the meal, fruit or other things so sold or offered to sale with costs." " That the seafer of weights and measures appointed' in each town within this state, from time to time, shall* be, and hereby is empowered to go to the houses of such of the inhabitants, having been duly notified as aforesaid, who shall neglect to bring or ^end in their scale beams, steelyards, weights and measures, to be proved and seal- ed at the place assigned for that purpose, and shall there prove and seal the same, and shall receive of the owner for every scale beam, Steelyard, weight and measure proved and sealed twenty cents and no more ; and every person that shall refuse to have their scale beams, steel- yards, weights and measures viewed, proved and sealed, shall forfeit the sum of ten dollars, one moiety thereof to the use of the poor of the town, and the other moiety to the sealer ; and if any person shall bring his scale oeams, steelyards, weights or oieasures to be proved 144 Weights and Meaturei. and sealed at any other lime than on the daj or days set by the sealer of weights and measnres for that purpose, ] Jic shall in like manner pay three cents for erery scale beam, steelyard, weight or measure that shall be tried and eealed, and one cent and an' half for such as do not need sealing.^' "That if any person from and' after the first day of September next, shall sell, vend, or utter any goods, wares, merchandizes, grain or other commodities what- ioerer, by other scale beams, steelyards, weights or measnres, than such as shall be proved and sealed as this act requires, in any town where provision is. made and notificatjpn piven agreeably to this act, or shall fraudu- lently so sell, utter or vend any goods, wares, merchan- dizes, grain, or other commodities by any scale beams, steelyards, weights or measures that may be so sealed, that shall prove unjust, the person so offending shall for- feit a sum not less than one dollar, nor more than ten dollars with costs for each offence, one moiety thereof to the use of the poor of the town where the offence shall be committed, the other moiety to the informer who shall prosecute the same.'^ " That all scale beams, steelyards, weights and meas- ures kept for standards in the several towns, shall be proved and tried by the public county standards, at the end of every five years from time to time." " That if the selectmen of any town in this state neg- lect to comply with their duty in procuring weights and measures, and a scale beam, as by th^s act*is required, they shall forfeit the sum of one hundred doUars to be recovered one half foe the use of the county in> which the neglect shall happen, and the other half for the use of the person who shall sue for the same. '* That when any sealer of weights and measures that may be duly appointed in any town where a^cale beam, weights and* measures are provided according to this act, shall neglect to notify the inhabitants as aforesaid, shall forfeit the sum of fifty dollars, and for neglecting the du- ties of his office in any other respect, from one to twen- ty dollars, pne half for the prosecutor, the other half for the use of the town where such neglect shall happen ; and all penalties / and compensations mentioned in this act may be sued for and recovered by action, bill, plaint or information in any court proper to try the same.' WeighiB and Meawres. 145 ^^ That the sealer of weights and measares for each county, may make use of such seal as he may think proper, provided a description thei:eof, in writing, be lodge.din the secretaries office hefore it be made use of, and that the sealer of weights and measures chosen by each town respectively shall use such seal as the town may agree on, a record of which being previously made in the town records." ' a The statute of July 6, 1827, entitled '' an act to regu- late the weighing of merchandize and other commodi« ties," enacts, ^^ that from and after the first day of Sep- tember next, all commodities which now are, and have heretofore usually been sold by the hundred and twelve pounds, or hundred weight avoirdupois, shall, when ex- posed ft)r sale and actually sold, be weighed by .decimal hundreds and pounds of avoirdupois ; and all contracts thereafter made concerning the weight of goods or com- modities, heretofore weighed by the hundred weight, or one hundred and twelve pounds avoirdupois, shall be un • derstood and construed to intend the same in decimal hun- dreds and pounds ^ivoirdupois.^' *' That it shall be the duty of every public weigher of goods or commodities, to weigh the same by (Tecimal hundreds and pounds, avoiirmipois weight, where the same have heretofore been weighed by the hundred weight, or one hundred and twelve pounds avoirdupois, and to issue his certificate accordingly. And every such public weigher, who shall offend against the provisions of this act, shall, for every such offence, forfeit and pay a fiae of .five dollars, together with the costs oi prosecu- tion, to be recovered before any justice of the peace, upon complaint in behalf of the state. And' every weigher 6f goods or commodities, appointed by any town under the laws of this state, as well as every weigh? f r of goods or commodities for hire or reward, shall be deemed and taken to be a public weigher, so far as^ re- lates to the provisions of this act/* 14 r (146) . I CHAP. XVII. OF ZaOBKSBD HOUSSS. The statute of July 7, 1827, entitled ^^ an act regulat- iog licensed houses,^' enacts, ^^ that it shall be unlawfal for aoj person to exercise the business of a taverner or retailer without license. And if any person shall, at any time, without license in writing from the selectmen of the town or place where such person resides, sell any wine, rum, gin, brandy, or other spirits, in any quantity less than one gallon, or shallsell any mixed liquors, any part of which ar^ spirituous, such person so offending, for each and every such offence, on conviction thereof before the superior court of judicature in the county where such offence shall be committed, shall forfeit and pay a sum not exceeding fifty dollars, nor less than twen- ty dollars, for the use of such county.^' ^^ That the selectmen of any town or place, en appli- cation, may license any person of good moral character to exercise the business of a taverner in such towa or place, on the receipt of a dnm, for the use of such town or place, not, exceeding five dollars nor less than two dol- lars. And every person licensed as aforesaid shall, at all dmes, be furnished with suitable provisions and accoro- idodations for travellers, their cattle and horses ; and ev- ery person so licensed, who shall not be furnished as a- foresaid, shall forfeit and pay the sum of ^ve dollars, to be recovered in an action of debt by any person sueing for the sam/e.'^ *'^ That if the selectmen shall unreasonably neglect or refuse to license any suitable person applying for. a li- cense as a taverner, and in case there be no selectmen in the town or place, the person wishing for a license as a- foresaid, may make application by petition to the court of common pleas in the county if here such 'applicant re-^ sides, and said court, if they think proper, may license such person to exercise the business of a taverner for a Licensed Houses, ' 147 term ol time not exceeding one year, on the paj'mfBDt of a sum not exceeding five dollars, nor less than two dol- lars, for the use of the town where such applicant re- sides."" ^' That the selecttnen of any town or place may license any person to exercise the business of a retailer, that is^ to sell wine and spirituous liquors in ady quantity *not less than one pint, to be ' sold, - dellvjered, and carried a- way ; aad the person so licensed shall not pay therefpr more than twenty cents, which sum shall be paid to the towD clerk for recording said license. And any person so licensed shall not permit any wine or spirituous liquors so sold to be drank in his shop, store or other buildings. ^^ '' That the selectmen of any town or place may li- (^JLu^hJIjiI cense any person, Other than a tavern keeper, to sell and ^**'^^*^^**^ mix wine ancl spirituous liquors, on the receipt of twenty dollars, for the use of the town or place where such 11^ cense shall be granted.'' >^ That no license shall be granted for a longer term of time than ohe year, nor shall any license, granted by the selectmen' as aforesaid, be of any avail, until the same be recorded by the town clerk of the town where such li- cense shall be granted. And every license so granted by the selectmen, or by the court of common pleas, shall particularly mention the purpose for which such license was granted, and designate the house, store, shop or place where any person licensed may sell or mix wine and spirituous liquors. And no license shall authorize any person to sell or mix wine or spirituous liquors in more than one place.'^ ** That any person so licensed shall mot permit or suf- fer any individual on the sabbath to remain drinking in or about the place where such person so licensed is au- thorized to sell or mix spirituous liquors ; nor shall any person, so licensed, permit any individual to remain in the hpuse, istore, shop or place where the person licensed may sell or mix spirituous liquors, drinking to excess •; nor shall any person, licensed as aforesaid, permit any in- I dividual to play at cards, dice, billiards, or at any bow- j ling alley, or other game of chance, within or about his, I her or their houses, yards or buildings.'' 148 Licensed Houses, ^' That when the selectmen of any town or place shall be satisfied, either by View, complaint or otherwise, that any individual is in the habit of drinking to excess in or about any house, store, shop, or other building, where any person islicensed to sell or mix spirituous liquors, it shall be the duty of such selectmen to notify all persons licensed in suclv town or place, that such individual is ha- bitually intemperate, and forbid every person so licensed in said town or place, to sell to such individual any spirit- uous liquors, or any mixed liquors, any part of which are spirituous, or to permit such individual to remain in or about his, her or their house, store, shop or other build- ing, where the persons so licensed are authorized to sell or mix wine or spirituous liquors." '^ That it shall be the duty of the selectmen of the se- veral towns or places to hear and examine into all aGCU- sations preferred to them in writing, against any person licensed agreeably to the provisions of this act, and hav- ing received satisfactory evidence, that any person so li- censed keeps a disorderly house, or . in any way violates the provisions of this act, the said selectmen shall imme- diately withdraw or revoke such license, and notify the person so licensed thereof in writing, and cause a copy of such notice to be recorded by the town clerk of such town or place ; and any license, being so withdrawn or revoked, thereafter shall be of no avail to the person to whom the same was granted. And when the selectmen of any town or place shall neglect or refuse to hear and examine into apy complaint as aforesaid, the person so complaining may prefer the same to the grand jury, who are hereby authorized and empowered, upon satisfactory evidence, to present such person so offending, and such person so licensed, who does keep or has kept a disor- derly house, or in any way has violated the provisions of this act, for each and every such offence, on conviction thereof before the superior court of judicature within the county where such offence or offences shall be com- initted, shall forfeit and pay a sum not exceeding twenty dollars, to the use of such county. And the «aid coart may make such further order as they may think just f^ad proper,^' Licensed HouiU. 149 ^^ That it shall be th^dutj of the grand jurors and the selectmen of the several towns, and all magistrates in ' theiir several coun^ties, to inform of all violations of the provisions' of thisi act ; and the attorney general, and in his absence the several county solicitors in their respec- tive counties, shall prosecute for all offences committed ag^nsl the provisions of this act, which shall come to his or their knowledge.^' (f FORM NO. I. JPortn of a license to keep tavern. The undersigned, selectmen of the town of Ches- ter, do hereby license A. B. to keep tavern, at the dwelling house where he now resides, for one year from this time. * Given under our hands this first day of April, A. D. 1825. CD. G, H. FORM NO. Ii; t F^rm of a license to retail. The undersigned, selectmen of the town of Ches- ter, do hereby license A. B. to exercise the business of a retailer, at the store now occupied by him near his dwelling house, in said Chester, for pne year from this time. Given under our hands this first day of April, A.D. 1826. CD. E. P. an. I 14« 150 Lieeutoi Hotues. FORM NO. in. Form of a notice to tavemers and retailers^ forbidding them to sell spirits to certain persons. To all persons Tsoho are licenced as tavemers or retailers in ' the town of Concord., Whereas A. F. and 6« M. of said town, as it has been made to^^ppeai^ tp^si^ are in i^vbal)it pff drinking and tippling spirituous liquors to exciess in the tavei;ns and stores in said town : We therefore, the selectmen of the said tolyn, do hereby forbid you, the said tav- emers and retailers, to sell to the said A. F. ahd 6.M. or either of them, or suffer them or either of them to drink in or about your houses, stores, out houses or appendage's thereof, any spirituous liquors of any kind, on pains of forfeiting the penalties of the law. Given under our hands this thirty-fif*st day of De- cember, in the year of our Loi'd eighteen hundred and twenty-five. A. B^ ^ Selectmen C. D. [ of E. F. S Concord. FORM NO. IV. Form of a revocation of a license. Whereas complaint has been made to the under- signed, the selectmen of, the town of Concord, in the county of Merrimack, that A. B. who has been duly licensed to pursue and actually pursues the business of a taverner in said town, keeps a disorderly house and violates the provisions of the laws regulating such houses, we, having given to' the said A. B. due notice of said complaint, and heard both the accuser and the accused, and made all due inquiries as to the truth of the complaint, are of opinion that thfd complaint is well founded, -apd that the license of the said A. B. Pedlers^ Hawkers^ and Showmen. 15t ought to be revoked : We do, therefore, revoke the same, and declare the same to be of no force from and after the daj when notice hereof shall he given to him the said A. B. ^ Given under our hands this day of A.D. 18^8. CD. E. P. G. H. ^The revocation should be read to the taverner, or a copy, , attested by one of the selectmen, left at his usual place of abode. CHAP. XVIII. OF TBB ImA'WS BBZiAVUVO TQ FBBXaBBSy BAIXTEBBS AKD SHOlHTXIBXr. The statute of June 29, 1821, entitled i^an act regula- ting pedlars, hawkers and showmen,'' enacts^ ^^ that frajn and after the first day of September next, no person or persons shall exercise the business of a hawker or pedler going from town to town, or from place to place, on foot, br with a horse or horses, or otherwise carrying to sell, or exposing to sale any goods, wares or merchandize with- in this state, without licence first had and obtained from^ the justices of the court of sessions, who are hereby em- powered to grant such licence for a term not excee/ling one year : Provided^ the person making such application shall produce to.said court satisfactory evidence that he sustains a good moral character, which evidence shall bt \ I 15t Pedlersy Hawken and Showmen, ' in writing, and filed in" said court; and the licence, if granted, shall he recorded bjthe clerk among the re- cords of said court, and a certified copy of said record shall he delivered to and kept hj the person licensed.'' *^ That for every person, who obtains a licence ' as a- foresaid, there shall be paid to the treasurer of the coun- -^ ty where such license is granted, for the use thereof, twelve dollars, which shall be by said treasurer certified on said licence before the same shall be of any avail.'' ^' That if any i person shall ej^ercise the business of a hawker or pedler within this state without a licence there- for, as is herein before provided, or shall, while pursuiog ' such businesti, refuse to show su(:h license for examina- tion to any citizen of this state, to whom such pedler shall offer to sell any of his goods, wares or merchandize, if thereto requested, sucb person shall, for either of the of- fences aforesaid, forfeit and pay a sum not less than ten dollars, nor more than Miy dollars." ^^ That any justice of the peace on complaint made to him of any such offence, may issue his warrant against the person complained against, and order him to recog- nize, with sufficient surety or sureties, to answer the com- plaint aforesaid before the justices of the superior court next to be held in the county where said offence was com- mitted ; and the offences aforesaid may be prosecuted by indictment before said court. And the penalties aforesaid shall be one half to and for the use ot the county where the offences may be committed, and the other half to and for the use of the compiaindnt." ^^ That the person obtaining said licence Bhall pay to the clerk of said court for all his fees in relation there" to, the sum of one dollar." " That all shdwmen, tumblers, rope-dancers, ventrilo- quists, or other persons who shall for pay Exhibit any an- imals, wax-figures, puppets, or any extraordinary feats of agility of body, or sleight of hand, rope-dancing, or per^ forming feats with cards, within any town within this 8tate,shall,before any such exhibition or performance,pro- cure from the selectmen of such town a licence, for that purpose, which licence shall specify the number of days or number of times such person or persons are allowed to perform or exhibit in said town." Pedlersy Hawkers and Showmen, 15S ^^ That for a licence granted as aforesaid^ there shall be paid to the selectmen for the use of said town by the person or persons obtaining the san^e, a sum not less than three dollars, nor more than thirty dollars." *^ That if any person or persons shall exhibit any shows or perform any feats without licence, and contrary to the provisions of the sixth and seventh sections of this act-, he, she, or they shall, for every such offence, uoon con- victioD thereof, forfeit and pay a sum not lesmlhan ten dollars, nor more than thirty dollars, with costs of prose- cution." ^^ That any justice of tlie peace, on complaint made to him of any such o£fence, may issue his warrant against the person complained against, and order him to* recog- nize with sufficient surety or sur/eties to answer the com- plaint aforesaid before the justices of the superior court next to be holden in the county where said offence was committed. And said offence may be prosecuted by in- dictment before said court. And the penalties aforesaid shall be one half to and for the use of the county where the offence was committed, and the other half to and for, the use of the complainant." *^ That all offences against this act shall be prosecuted ^within one year next after the offence shall have been committed." v ^^ That nothing herein before mentioned shall extend to prevent any person from selling or exposing to sale; any articles, the growth, produce or manufacture of the United States, except feathers, distilled spirits, playing cards, lottery tickets, and jewelry." Form of a license. ' To all Ufhom U may concern. This certifies, .that A. B. is licensed by the under^ signed, the selectmen of the town of Concord, in the county of Merrimack, to exhibit his wax-figures in the said town for the term of ten days from the data hereof. Given under our hands this day of A. D. 1826. c.i). E. F. G. H. ( 1^4 ) CHAP. XIX. or TBS Zi Aws BaamCiATzira ths xsarnra-, gB X.3y r& AWB TBJkxrsFOBTZiro OP evar^ VOIAnbUHa The statute of July 6, 18*27, entitled '^ an act to reg- ulate the keeping and selling and the transporting of gun- powder," enacts, *^ that there shall not at any tinae be kept in any warehouse^ store, shop or other building in the compact part of any town or village in this state, a quantity of gunpowder, greater than one quarter cask ot twenty-fiye pounds ; and any person or persons. so kee{>» ing a greater quantity, shall forfeit and pay for every day during which such greater quantity shall be kept as aforesaid, a sum not exceeding five dollars nor less than one dollar, to be sued for and recovered by the ^rewards or selectmen in an action of debt, in the name of the town, before any justice of the peace or court proper to try the same, with costs of suit ; and the whole of s;dd forfeiture so recove^d shall be for the use of the town, to be expended by the firewards or selectmen in purchas- ing materials necessary and proper to be used for the extinguishing of fires." ^^ That the firewaids, or a major part of them, or the selectmen of any town, are hereby authorized and em- powered to search any warehouse, store, shop, or other building in the compactr part of any town, or village in this state, where they have cau^e to suspect that gun- powder^ in a greater quantity than one quarter cask, or twenty-five pounds, may be kept or stored, and in case of finding any gunpowder, kept as aforesaid, in a quantity greater than one quarter cask, or twenty-five pounds, the said firewards, or selectmen, are hereby authorized and empowered to seize the same, and the said gunpowder so kept, and stored, contrary to the provisions of this act, shall be forfeited to the town, and the firewards or select- men, so finding and seizing the same, shall sell said gun- • \ Ckmpowder. 155 powder at auction, and the avails thereof, to be expended for the puT{]»ose8 aforesaid." '*• That everj person keeping gunpowder to sell by re tail 9 in any quantity less than one quarter cask, or twenty-five ponuds, and who shall not at all times, keep . the same in a tin canister, or canisters, or other incom- bustible vessel, or vessels, covered and secured from fire, or if said gunpowder be kept in a wooden cask,. or casks, said cask, or casks, shall be enveloped in substantial and close leathern bags, or sacks, shall forfeit and pay for e.ach and every day h^, she, or they, shall, so keep it, a sam not exceeding five dollars, nqp less than one dollar, to be sued for, and recovered in the manner and for the purposes aforesaid.^' *'^ That gunpowder shall not be transported, or carried through the compact part of any town or village, in any cart, wagon, or other open carriage, in a quantity greater than four quarter casks, or one hundred pounds at any one time, nor unless the casks containing the gunpowder so transported, be enveloped in substantial leathern bags, or sackp, and any person or persons transporting gunpowder, as aforesaid, in a greater quantity, and without being en- veloped, as aforesaid, except the same be conveyed in a closely covered carriage, shall forfeit and pay a sum, not naore than fifly dollars, nor less than fifteen dollars, to be sued for and recovered in the manner and for the purpos- es aforesaid. And no cart, wagon, or other carriage, shall be permitted to stand in any shed, barn, or other building, or near any store, dwelling-house, or other building in the compact part of any town, or village, upon which there may be a greater quantity than one quarter cask, or twenty-five pounds of gunpowder, and in case any gunpowder shall be found upon any cart, wagon or other carriage, contrary to the provisions of this act, any fireward or selectmen of the town where found, may seize the same and cause it to be sold as gunpowder, that may be fomd conti'ary to the pro visions of this act" ^^ That no person shall at any time transport or carry from town to town, or from place to place, any gunpow- der for th6 purpose of peddling or selling it by retail in , quantities less than twenty-five pounds, on penalty, that 156 Gnnptywder, the owner, or owners, or person, or persons selling, or offering it for sale, shall forfeit and pay for every offence, II sum not more than five dollars, nor less than one dollar,, to be sued for and recovered ^n the manner and for the purposes aforesaid. '^ ' ^^ That if any person or persons, shall sell^ or offer for sale by retail, any gunpowder in any highway, or in aDy street, lane, or alley, or on any wharf, or parade, or common, such person or persons,, so offending, shall for- feit and pay for each and every such offence a sum not more than five dollars, nor less than one dollar, to be sued for, and recovered, and for the purposes aforesaid." '^ That if any person or persons shall within this state in the bight time between sunsetting and suurisJng sell or offer to sell by retail, or deal out any gunpowder, such person so offending shall forfeit and pay for each and every such offence a sum not more than ive dollars nor less than one dollar, to ^be recovered and applied as aforesaid." ^^ That all prosecutions against [under] this act shall be commenced within three months after the offence shall have been committed, and not afterwards.'* \ ( 1" ) CHAP. XX. ' or VHS tAvra asiumaro to 8oboox< DISTHIOTS. SECTION I. OF THE DIVISION OF TOWNS INTO SCHOOL DISTRICTS. The statute of July 6^ 1827, entitled ^^ ao act empow- ering schobl districts to build and repair school houses/^ section!, epacts, ^Mhat the several towns and places within this state be, and they hereby are, respectively empowered, at any legal meeting fur that purpose, to divide into sbhool districts, and to define the limits there- of, and the same from time to time to alter in such man- ner as shall be thought fit and convenient ; and a record of such division or alteration, shall be made in the clerk's office of such town, or place, within three months after any such division or alteration shall have been made'; and no person shall have a right to send to, or receive any benefit from, any school in a district in which be is not a resident, without the consent of such district.'' SECTION n. OF THB MASHER OF CALLING HEETlKoS OW SCHOOL DISTRIOHu The statute of July 6, 1 827^ entitled ^ ^ an act empow^ erin|r school districts to build and repair school honses^^ sec. S, enacts, ^^ that it shall be the duty of the select* men of the several towns and places, divided into school U 158 Schools, Sect. 2. districts as aforesaid, upon applicatipD niade to them in writing, by three or more freeholders, resident witbio any school' district in their respective towns, to issoe their warrant, directed to any one of the persons making such application, requiring liim to warn the inhabitants of such district, qualified to vote in town affairs, to meet at such time and place in the same district, as the select- men shall in their warrant appoint ; and the said warning shall be, by notifying pcJ^rsonaily every person in the dis- tricty qualified to vote in town affairs, or by leaving at their usual places of abode a notiticatlou in writing, ex- pressing therein the time, j)lace and purpose of the meeting, ten days, at least, before the titne appointed for holding the same ; or, notice of said meeting may be gir- en by posting on the dour of the school hdiise, and in at least two other public places in such district, a copy ot said warrant, certified by the person to \^bom it may have been directed, at least fifteen days prior thereto ; and any vote to raise money, passed by a majority of the inhabitants ot any school district present at any district meeting holden pursuant to this act, shall be obligatorj on the inhabitants of said district, to be assessed, levied and collected in the manner prescribed in this act" / ' FORM NO. I. Form of an application id selectmen to caU a meeting i» a school district. r To the selectmen of the town of C. Gentlemen : The undersigned, being freehoWers and re;sidents in school district No. 1. in the said town of C. respectfully request you, to issue a warrant to call a meeting of the said district as soon as may be, to act on the following articles : [Here enumerate the purposes."] e. December 27,. 1825. A.B. CD. Sbct. S. Schooli. FORM NO. II. 15^ Form of a warrant to call a meeting of a school district. STATE OF NEW-HAMPSHIRE. Rockingham^ ss* To Jl. B. of C. in said* county. / GREETING. You are hereby required in the name of < I.. 8. > I the state of New-Hampshire, to notify and warn Uie inhabitants of said towh of C. qualified to'^r vote in town affairs and resident in school district No. 1, ih said town, to oaeet at the school house in said district, on the day of A. D. 1826, at four o,f the, clock in the afternoon, to act on the following siih'- jects : [Here enumerate the purposes of the meeting.'] And y1)u are to serve this warrant by notifying pfer-- sonally every resident in said district qualified as a- foresaid, or by leaving at their usual places of ^'j£?'^j^_>i^^ a notification in writing expressing the tinae and plac^^^t!^*^^^^^ of said ineeting, f buptoo n days prior to the said day of A. D."T826. [Or^ And you are to serve this warrant by posting up on the do6r of the school house and in two or more of th0 most public places y, in said district fpurtoc i|' days prior to the said dayJH^ of A. D. 1826, an attested copy of this warrad't.) Hereof fail not, and make a return of this warrant, with your doings thereon, at the time and place abov6 mentioned. Given under our hands and seal this twenty-seventh day of December, in the year of our Lord eighteen hundred and twenty- five. , 1 v I Selectmen Ho SehooU. S»CT. f, FORM NO. III. Form of the return of the warrant. RockiDgham, 8S. C. January 17, 1826. Pursuant to the within warrant, I have notified and warned all the inhabitants of the town of C. qualified to vote in town affairs, and resident in school district I No. 1, to mieet at the time and plaqe within mentioned, by leaving at the usual place of abode of each a writ- /ull/wicJ^en notification, expressing the time and place of said mdetiofr. ^ A. B. ■■^ » FORM NO. IV. Form of the record of the doings of a meeting m a school ' district. At a legal meeting of the inhabitants of the town of C. aualified to yote in town -affairs, and resident in school district No.l, in, said town, holden at the school house in said district on the seventeenth day of Janua- A . ry, A. D. 1826, A. B. was chosen to preside in said meeting^ Voted, to Faise the sum of tworliundred dollars, to build a new school house in said district. Attest, — A B ^ CfcrA; of school district ' ' < .ATo. 1, in C. SiCT. 9. Sehooii. 161 SECTION III. or THE POWERS OF SCHOOL DISTRICTS AND THE METHOD OP AS- SESSING AND COLLECTING MONEY VOTED TO BE RAISED BT A SCHOOL EISTRICT. . The statute of Jal}' 6^ 1827, Entitled ** an act empow- Qiing school districts to build and repair school houses," sec. 2, enacts, ^^ that the inhahitants of the several school districts, whose limits are now established, or shall be defined as aforesaid, qualified to vote in town affairs, be, and thej hereby are empowered, at any meeting called in the manner' hereinafter prescribed, to raise money for the purpose of erecting, repairing, or purchasing a school house, and other buildings connected therewith in their respective districts, and of necessary utensils for the same ; to determine in what part of the district to erect said school house, and other necessary buildings; to choose a committee to superintend the building, and repairing of eaid school house, and other necessary buildings, or for purchasing the same ; and to choose a clerk, who shall be sworn to the faithful discharge of the duties of his office, whose duty it shall be, to make a fair record of all the votes passed at any meeting of the district, and to certify the same when required ; and the monej, raised as aforesaid, shall be assessed and collect- ed in the manner hereinafter provided«^^ ^' That for the purpose aforesaid, every person shall be taxed in the district in which he lives, for all the estate he holds in the town,being under his own actual improve- ment, and all other of bis real estate in the same town, shall be taxed in the district in which it is included ; and all real estate,, when the owner thereof lives without the town, shall be taxed in such district or districts, as the selectmen, having regard to the local situation there- of, shall determine ; and it shall be the duty of the se* lectmen, before they assess a tax for any district, to de« termine in which district suoh real estate respectively shall be taxed, and to certify in writing their deterin}Da<-. tioQ to the clerk of the town, who shall record the same ; 16* / ir 162 ' SckooU. Sect. S. and sach real estate, while owned by any person residiog without the limits of the town, shall be taxed in such dis- tricts, until the town shall be districted anew. And the selectmen shall assess in the same manmer, as town taxes are assessed on the polls and estates of the inhabitants, composing any school distiict defined as aforesaid, and on real estate in said town, belonging to persons living out of the same, which the selectmen shall have direct- ed to be taxed in such l<]ers, resident In such district, may apply to said se- lectmen in writing, stating such refusal, or neglect, and requesting them to make such, location ; and the said se^ lectmen mny thereupon proceed ahd designate the pkica where said school house shall be erected.'^ ^^ That the several and respective school districts be, and they hereby are, authorized and empowered to put^ chase'and hold in fee simple, er otherwise, so much land as may be necessary whereon tb erect a school house and such other buildings, and a'so for such yard, as may be necessary for the accommodation of said schools ; and the inhabitants of the said several school districts ajre hereby authoxized and empowered, at any legal meeting holden for that purpose, to raise any sum or sums of money for the purpose of purchasing said land, to bo assessed, levi- ed and collected in manner aforesaid : Provided, said land do not exceed in quantity one fourth part of an acre ; and ,may maintain any action of trespass, or ejectment, against any person or persons, who may trespass upon, or do damage to, said land or buildings, and the same pursue to final judgment and execution." ^* That whenever a suitable place for the erection of a school house, and other necessary bnildlngb in any school district, shall have been designated in either of the ways pointed cut in this act, and the owner or owners of the land thus designated shall refuse to sell the same, or shall demand therefor a price, which, in the opinion of the selectmen of the town to which such district belongs, is unreasonable ; in every such case^ the said selectmen may proceed und lay out such school house lot, not ex- ceeding in quantity one eighth part of an acre, and ap* praise the damages to the owner or owners of said land, in the same 'way and manner, as is provided by ]tw for laying out public highways and appraising the damages sustained thereby, ref^erving to any such owner or own- ers the right of petitioning the court of common pleas, for redress, as is provided in the second section of the act ^^ entitled an act for laying out highways ;" and upon payment of such damages, or tender thereof, the said 164 Schoob- Sect. 3. land may be taken, held and uspd for the purposes for which it was laid oat, and the said district may prosecute and maintain any action as aforesaid, aguinst any person or persons trespassing, or doing damage thereon. And the land taken, agreeably to the provisions of this sec- tion, for a school house Jot, shall revert to the owner of said land, his heirs or assigns, whenever, after the erec- tion of said house, a majority of the legal voters at any school district, at a meeting called for the purpose, shall ▼ote to discontinue the use and occupation thereof, as a school house lot, or shall actually, for the term of two successive years, neglect or refuse to use and occupy tho land for the purpose aforesaid.*' '^That if any school district is no>y, or hereafter shall become, destitute of a school house, or if the school house in any such district is now, or hereafter shall be- come, ruinous and out of repair, and the InhabitaDts thereof shall refuse or neglect to build, purchase or, re- pair their school house ; in such case/any three or mere of the freeholders, resident in such district, may apply in writing to the selectmen of the town fo which such district belongs, stating the destitute situation of such district, or the ruinous condition of the school house ;therein, and the refusal or neglect of said inhabitants; and the said selectmen thereupon may, and they hereby are, authorized to assess upon such district, such sum or sums of money as they may deem requisite for the build- ing, purchasing, or lepairing of a school house and other oecessary buildings therein, in the same manner as if such sum or sums had been voted to be raised at a legal meet- ing of said district, and may, in like manner, cause the same to be levied and collected, and under their direc- tion, or by a committee, or agent by them appointed, laid out and expended in building, purchasing, or repairing a ichpol house and other necessary buildings^ as aforesaid.'^ S«CT*4. ^ Schools. 165 8EQTION IV. OV THE DUTY OF SELECTMEN IN RELATION TO 1UI8IN0 MONET TO SUPPORT SCHOOLS. The statute of July 6, 1827, entitled " an act for the support and regulation of primary schools," enacts, ^' that the selectmen of the several towns and places within this state he, and they hereby are empowered and " required to assess annually the inhabitants of their re- spective towns and places, according to their polls and ratable estates, tog^ether ivith the improved and unim- proved lai.ds and buildings of non-residents, in a sum to be computed at Ihe rate of ninety dollars for every one dollar of their proportion for public t taxes for the time being, and so for a greater or less sum ; which sums, when collected, shall be appropriated to the sole purpose of keeping one English school or schools within the towns and places in which the same is^hall be assessed, tor teaching the various sounds and powers of the letters in the English language, reading, writing, English grammar, arithmetick, geography, and such other branches of ed- ucation as may be necessary to teach in an English school, Including the purchase of necessary fuel for such schools.'' '• That it be the duty of the selectmen of the several towns and places, to assign 1o each school district in their respective towns and places, a proportion of money as> sessed in each year as aforesaid, according to the valua- tion thereof for that year, or in such other manner as the several towns at their annual meeting shall direct." '^ That if the selectmen of any town, or place, neglect to assess and assign /or the purpose aforesaid, the money required by this act to be by them assessed and assigned as aroresaid, subh selectmen shall forfeit aqd pay the full sum, in assessing and (issigoing which they shall be found delinquent in, which sura shall be recovered by bill, N plaint, or information in the superior court of judicature; and when recovered shall be appropriated for keeping a school, or schools, in the town, or place, where such de- linquency shall happen; and it shall be the duty ofth« 166 ' Schools. " Secv. 5. town clerk for the time being,' except he shall be also one of the selectmen, in which case it shall be the dntj bf the first constable of the several towns, and places, to «ee that sach sums are collected out of the goods and es- tate of such delinquent selectmen ; ;ind that the nioney so collected be appropriated according to the true iDteot and meaning of, this act/' SECTION T. OF THE ^UALIFICATfONS OF TEACHERS, AND THE VISmNG OF « SCHOOLS, &0. The statute of Jply 6, 1827, entitled <•• an act for the support and regulation of primary schools,!' section 3, enacts, ^' thai there shall be appointed by the selectmen annually in the month of March in each town a superin- lending school' committee, consisting of not less than three nor more than live persons, whose duty it shall be to examine schoolmasters and school mistresses propo«« ' ing to teach school therein. And it shall be the duty of said>comn^iltee, or one or more of them, to visit and in- spect all the schools in their respective towns at least twice in each year, and to inquire into the regulations and discipline thereof, and the proficiency of the schol- ars therein, nnd to use their influence and best endeavors, that the youth in the several districts attend the schools. And the said committee shall have power, nnd it shall be their duty, to dismiss any school master or school mis- tress, who shall be found by them, or a majority of them^ incapable or unfit to teach such school, notwithstatodiog }ie or she may have procured the necessary certificates, as are kiereinafler required ; which dismission ' shall be notified to said master or mistress in Writing by said coid- mittee or a majority of them ; but said master or mis* ( < »xcT. 6. Schooht, " 167 tress 8& dismissed shall be entitled to pajment for his or her services until such dlsmissioD. And the said com-, mittees are furthermore empowered and required, on application made to tbem by any master ^or mistress of any jschool in their respectivte towns, or by any inhabitant of aoy school district therein, at iheir discretion, to order the expulsion ot any scholar fropr any school iu their re- spective towns,' who will not obc^ and submit to the ne- cessary and reasonable rules, orders and regulations of said school." ^^ That it shall be the 4uty of the said superintendisg committees of the several towns in the state, to direct nod determine the class books to be used in the respec* tive classes in the several towns to which they belong ; and the scholars attending svich schools shall be supplied by their parents, masters, or guardians^ with the books so prescribed by said committees. And if any parent^ gaar- diac, or master shall, after notice given him or her, by the master or mistfess of any such school, refuse or neg* lect for the space of eight days, to ffjrnish their several scholars with the books so prescribed for their respective classes, the. selectmen of the town, on being notified by said master or mistress, shall forthwith furnish the same tor such scholars, at the expense of the town. And the said selectmen or their successors in office shall add the amouht of the books so furnished to the ne^t annual tax of the parents, msisters, or guardians, who ought to have furnished the same ; and the amount so added shall be levied, collected and paid into the town treasury, .in the same manner as other town taxes : Provided^ however, thai in case such selectmen shall be of opinion that any such parent, master, or guardian is not able and cannot afford to pay the whole expense of the books so furpish* ed on his or her account, such parent, guardian, or mas- ter shall *be exonerated from the payment of the whole or any pnrt of such expense, and the said selectmen shall omit to add the amount of such books, or shall add only a part thereof to the annual tax of such parent, master, or guardian^ according to the proportion of such expense which such parent, master, or guardian shall in theic opinion be able to pay: Providedy nevertheless, that in cases when children are already supplied with books, which shall not be' considered by said superintending 1 68 - SnAooU. Sect. 6. committee extremely faaltj ia comparison with others which might be used, and which may be possessed in such nambers in any school as to admit of the proper and con- venient classification of such schorl, in that case said committee shall not direct the purchase of new books, without first obtaining the consent of (he parents, mas- ters, or guardians of a majority of the children so already provided for, until the expiration of two years from the passing of this act : Provided^ also, that said committee shall never direct any school books to be purchased ornsed in %ny of the schools under their superintendence, which are calculated to favor any particular religious sect or te- net. And it shall also be the duty of the superintending committees in the several towns in this state, to present a written report to their respective towns, at their annual meetings in the month of March in each year, stating the number of months public schools have been kept in each district in said towns, and whnt portion thereof has been kept by male, and what by female teachers ; the whole / number of scholars that have attended each school ; the progress made in the various branches qf learning In each school ; the number of children between the ages of four years and fourteen years in each district, that have not attended the schools therein ; and the number of persons if any in each district, between the ages of fonrteen and twenty-one years, who cannot read and write.'* ^' That there shall be chosen at the annual meeting, in the month of March, in each of the towns in this state, a district committee, consisting of one person, for each school district, who shall be a resident in the district for which he shall be chosen, and be called the prudential committee thereof; whose duty it shall be to select and contract with the teachers, for his district, to provide for their board, to furnish the necessary fuel for the school, and immediately on the commencement of any such school in his district, to give information thereof to the superintending committee of the town. And it shall also be the duty of the prudential committee^ in each district, to give such information and assistance to the superin- tending committee as may be necessaiy to aid them in the discharge' of the duties required of them by this act Sect. 5. ' ScheoU, . 16^ • * Provided, that in any town in this state, which shall at any legal meeting, holden for that parpdsey so determiQe, the said prudential committee may be chosen in the sev* eral school districts to which they respectively belong, iu such manner as said district may decide;" ^^ That no person shall be employed, as a school mas- ter, in any of the schools aforesaid, unless he shall be a citizen of the United States, and shall produce a certifi- cate from the superintending school committee of the town where such school is to be kept, and also^ from some person of liberal education, literary pursuits, and gt)od moral character, that he is well qualified to instruct youth in the various sounds and powers of the letters in the English language, reading, writing, English grammar, arithmetick, geography, and such other branches of ed- ucation, as may be proper to be taught in an English school ; and also a certificate from the selectmen of the town to which he belongs, in case there be any, other- wise from three of the most reputable inhabitants' there- of, that to the best of their knowledge, he is a person of sober life and conversation, and of good moral charac- ter. And no person shall be employed as a school misr tress, unless she shall produce a certificate from the Ibu- periotending school committee of the town where the school is to be kept,' that she is suitably qualified to . teach the English language grammatically, and the .rudi- ments 0^ arithmetick and geography, and produce satis- factory evidence of her good mora) character. And do . person, who shall teach any school required by this act, ' without 'producing to the district committee of the dis- trict in which said school is kept, prior to his or her commeociog the same, the certificates required by this act, shall have or receive any thing for his or her ser- vices, but shall be forever barred from recovering the same." ^^ That it shall be the duty of the presidents, profes- soVs and tutors of colleges, and the preceptors and teach- ers of academies, and all other instructors of yduth to take diligent care, and use their best endeavors, to im- press on the minds of children and youth committed to their care and instruction, the principles of piety and justice, and a sacred regard to truth, love of their coud- 170 Sckoob. ' Sect. 5. trj, hamanitj and benevolence ; spbriety, indnstrj and frugality ; chastity, moderation and temperance ; and all other Tii'tnes which are the ornaments of human society. And it shall be the duty of such instructors, to endeavor to lead those under their care into a particular under- standing of the tendency of the before mentioned virtues to preserve and perfect a republican form of government, and to secure the blessing of liberty, as well as to pro* mote their future happiness ; and the tendency of the opposite vices to slavery and ruin." ^ That the superintending committees aforesaid shall receive from their respective towns a reasonable com- pensation for their services performed in pursuance of this act.^' FORM NO. L Porm of the dismission of a school master who is found incapable. To Mr* A. B. a school master now employed in district Ao. 1, in the town of Concord^ in tiie county of Mer- rimack, The undersigned, the superintending school com- mittee of the said totvn, having visited and inspected the school under your care, and inquired into the reg- ulations and discipline thereof, and the proficiency of the scholars therein, have with much concern come to the conclusion, that you hdve not as a teacher the qualifications which the wants of the said school de- mkxA. You will therefore take notice that from and after the day when this shall be delivered to you, your employment in the said school is to cease. M.N. • O.P. L.S. Concord, July 25, 1838. Ssor. 6; Schools. 171 PO^M NO. II. Shrm of a eerUficaU to be given hy selectmen a»totke character of instrtidors. To aU whom it may concern. This certifies, that Mr. A. B. of this town, is to the best of our knowledge a peHon of sober life and conyersation, and of |;ood moral character. M. W. ) Selectmen Warner, July 26, 1828. C. H. } of P. B. S Warner. FORM NO. Ill- 'Form of a certificate to be given by the superintending School committeCj and by some person of liberal edue^" fion, as to the qualifications of instructors. To all whom it may concern. This certifies, that we have this day made due in- quiries, and are of opiniou that Mr. C. D. who propo- ses to teach a school in the town of Concord, is well qualified to instruct youth in the various sounds and powers of the letters in the English language, read- ing, writing,EngIish grammar, arithmetick,- geography, and such other branches of education as may be pro* per to be taught in an English school. Given under our hands, this day of A. D. 1828.. M. O. ^ Superintending P. Q. > school committee of R. S. 3 Concord* John May, A. B> 172 Schools, FORM NO. IV. DECT, 0. Fomi of a certificate to be given by the superintending school . committee as to the quatifications of a school mistress. To all ufhom it may concern. This certifies, that we have this day made due in- quiries, and are of opinion that Miss C. D. wlio pro- poses to teach a school in the town of Concord, is suitably qualified to teach the English language gram- matically, and the rudiments of arithmetick and ge- ography. Given under our hands this day of A. D. l8tS, M. 0. ) Superintending P. Q. > school committee of R. S. ) Concord. I (173) CHAP. XXI. . ^T AOTIOKS Ain> :»BO0S88 ZXT FAVOm QV The staltite of June 26, 1827, entitled «ah act directing the mode in which process shaiU' be served upon towns and certain other corporations and in which executions igainst towns shall be levied and for other pu-rpcses,'^ enacts, " that the inhabitants of every town ir this sjate are declared to be a body politic and corporate, and as such, by the name of their incorporation, may sue and be sued, and may prosecute and defend acy action or suit, in any proper court in this state ; and such towns may, at any legal meeting duly warned and h olden iii the towns respectively, choose an agent or agents, attor- ney or attorneys, for the purposes aforesaid ; and a cer- tificate of such appointment, signed by the town clerk, shall be deemed sufficient evidence thereof." " That all trustees of colleges, academies, schools, and .proprietors of common and undivided lands, grants and other estates or interests, be, and hereby are, empower- ed to sue, prosecute and defend any actions, and to ap- point an agent or agents, attorney or attorneys, to appear fof them and in their behalf." '^ That when any town, body politic or corporate, ox the proprietors of any common and undivided lands, trustees of schools, academies or colleges, are sued, an attested copy of the writ shall be delivered to the. clerk of such town, body corporate, or proprietors bf common and undivided lands, or trustees, or to one of the princi- pal inhabitants or members, thirty days before the sitting of the court to which the same is returnable, or left the like number of days before the silting of said court, at his last and usual place of abodfe." ^^ That when judgment shall be rendered against toxvna in any civil suit, the goods and estate belonging to suc)| corporations shall be answerable and stand chargeable to satisfy the judgment ; and execution may be sued ^nd levied as in other cases. And when the officer, having such execution, caDDoi find anygood^or esta(^ belonging 16* <■/ 174 Aetiom and Proeeu. to fach town, he shall apply to the selectmen of said town, or any one of them, whose datj it ehall be (o pay and satisfy the same in money, if they have any in their hands, or in the town treasury ; and if the selectmen have oot money in their hands, or in the towo treasury, soffi" dent to satisfy such execution, the said officer shall leave an attested copy of the same with said selectmen, who are hereby empowered to assess the inhabitants of such town in a sum sufficient to satisfy such ezecation with costs, agreeably to law, and to collect such assessment bj themselves, or a collector by them appointed, withio thirty days from the time of such assessment being made. And if any collector, who shall hare an assessmeut com- mitted to him, with a warrant to collect the' san^e hy virtue of this act, shall neglect to collect apd pay over to ihe selectmen the sums mentioned in such assessment, within thirty days after he shall receive the same, ii nhall be lawful for the selectmen to issue their extent against such collector.'' *^ That when any selectmen shall be served with the copy of an execution agreeably to this act, and the same shall not be satisfied within sixty days from the time of leaving such copy with them, the bodies, good^ and es* tates of such selectmen shall be liable and subject to be taken' upon the execution so sued out, and the same may be so satisfied with costs.'' *' That upon any indictment, presentment or informa- tion against any town, a summons shall issue against such town, and shall be served by leaving an attesttid copy with the town clerk or selectmen, or at either of their last add usual, places of abode, and if there be no select- men or town clerk, with an inhabitant of such town, or at his last and usual place of abode, at least thirty days prior to the sitting of the court, which shall be deemed a sufficient service and notice', and the selectmen, or theit agent or attorney, duly authorized by the (owo, •hall be admitted to defend in the name and behalf of the town, and upon due service being made, if the se- lectmen, or the agent or attorney or other iphabitaa(s so summoned do not appear, or appearing do not plead, th^ iourt may order a default to be entered, or shall ordei the general issue to be entered^ upon which the mei^ Aeliom cmd Proceu^ 11$ shall be tried, and jiidgmeot rendered accordioglj. And all fines' duly imposed maybe levied and /collected by execution or warrant of distress, in the name of ihe state, to be sued out upon the judgment in the same man- ner as is poin^d out in this act for collecting ezecvtiMM trliichjssue in civil suits." (176) CHAP. XXII. or TBB BODsmm of tcwks to njkiass b*?- SECTION 1. THE GENERAL POWER OF TOWNS TO MAKE BY-LAWS. The statute of June 28, 1827, entitled "an act reg-u- latiog towns and the choice of town otficers," section 13, enacts, "that the inhabiiants of every town m this state, qualified by law to vote in town affairs, at any meeting duly warned and legally holden, are hereby empowered to make and agree upon sacn necessary rules^ orders, and by-laws, for the directing, managing, and ordering ^he prudential affairs of such town, and to annex penalties to such laws, not exceeding four dollais for one offence, and enuring to such uses as they shall direct. Provided^ such laws be not repugnant to the constitution and laws of this state. And the said penalties, for any breach of any such by-law, shall be recovered before any justice of the pesce not interested therein." SECTIONS. THE POWER Oy TOWNS TO MAKE BY-LAWS TO PREVENT HORSES, &C. FROM GOING AT LARGE. The statute of June 17, 181!, entitled "an act to au- thorize towns to make by-laws to prevent horses, mules, jacks, neat cattle sheep and swine from going at large," enacts, ^'that any town at its annual meeting, or at any meeting legally holden for the purpose, may make by- laws, to prevent horses or horse kind, mules, jack^s, neat cattle, sheep and swine from going at large in any street, highway or common, or in any public place within Its jurisdiction, defined by^ known limits, from and after the Sect. 2: * By-Laws. ^ 177 first day of April until the last day of Octobysr in each year on penalty that the owner or owners, or person having the care of any horse or horse kind, mule, jack, neat cattle, sheep or swin-e, so going at large^ ^hall for- feit a sum not exceeding four dollars for the breach ot any by-lafw so made, to be recovered by action of deUt before any justice of the peace, to and for the use of the person who shall sue for the samei with costs of suit ; unless it shall appear that such horse or other creature as aforesaid, was going at large without the knowledge or negligence of the owner ^or person having the care thereof — any law heretofore ta the contrary notwith- standing.^' The statute df July ]/l8S2, entitled ^^an act in addi- tion to>^an act entitled an act to authorize towns, to make by-laws to prevent horses, mules, jacks, neat cattlf^, sbeep and swine from going at large," enacts, " that any town at its annual meeting or at any meeting Regally holden for the purpose, may make by-laws to prevent horses, or horse kind, mules, jacks, neat cattle, ' sheep and swine ftom going at large in sny street, highway or common, or in any public place within its jurisdiction, at any time during the year, on the penalty that the owner or owners shall forfeit a sum not exceeding four pilars for the breach of any by-law &o metde, and which shall be recovered in the same way and manner as is provided In the act to which this is in addition.'? (118) ' CHAP. XXII!. OV TBB tiA-WB KBXiATZVS TO ^^ATOBIKBV zxr Towars. The sfatnte of December S3, 1791, entitled <^an act to empower watchmen to apprehend and commit disor* derly persons as hereinafter declared,^' is as follows : *^ Whereas it is jadged very expedient that a walking niglit watch should be kept in such towns in this state as shall think proper to support the same, to prevent house breaking, stealing, and other disorders, as well as to make seasonable discovery of fires ; but as the persons employed in that service may not have authority ex officio^ to re- strain any one they have reason to suspect or find engag- ed in any such crimes, they may be exposed to iosalta and suits : wherefore for their security, and to enable them the better to effect that part of their duly : Bt it enacted hy the ienati and house of repreaerUalivei^ in general court at^emhied^ That the selectmen in any town which have, or shall at any legal meeting, deter^ mine to maintain such night watch, are hereby authorized to agree with so many suitable persons as the town have, or shall order as aforesaid, for performing a walk- ing night watch in such town, and appoint their limits and station, and all things t'equisite for said service, and to give them such iiistructions as they shall judge proper for the best execution of the office of such watchmen, as also, to pay th/em according to such agreement. And such watclimen shall have by virtue hereof, full power to restrain any person c r persons they shall 'Bnd committiog any kiud of disorder or disturbapce, or any crime, or such as are strolling about the streets or highways at ui^ Beasonable hours, who refuse to give any, or may justly be suspected to give a false account of their business or desi|;n, or who can give no account of the occasion of their beiujg out. And for this purpose, such watchmen are heiebv authorized to command assistance as occasion * - I — — * By mistake for the word csnvtned^ which the constitntioa iv^inrea. Watehm fT9 than require, aod to commit the offenders to the common gaoly where that may be done, or put them under keep- ers till they pan be carried before one or more justice' or justices of the peace for said county, which such watchmen arei hereby authorized and directed to do as soon as may be the next day, In order to the examinao tion of such offenders, and their being dealt w^th accords ing to law. And the said watchmen are hereby author- ized to execute and discharge the duty and instructions, which they shall receive from time to time from the se- lectmen, with whom they shall agree as aforesaid, and are according]}^ directed so to do; and shall be under oath, to be administered by any justice of , the peace for said county, to the faithful discharge of their trust, agree- able to their contract with the selectmen^ And eyery person duly required and commanded to assist the said watchmen, or iiuy of them^ to apprehend 'or Iieep'ahy of the offenders aforesaid, or commit them pursuant to this act, who shall neglect or refuse so to do, shall be liable to the same penalty by law inflicted fcr neglecting or re- fusing to assist the sheriff in cases where they are by law required." (180) CHAP. XXIV. # or T3S1I ZiATRTS |LttLATZKO TO n>XOTS> XiTTZTA- TIOS AJTB VBBSOXrS DZSTRACTBD.' The statute of July 2, 1822, entitled " an act defining the jurisdiction, powers and duties of a judge of pro- hate, and the duties, exemptions and liabilities of execu- tors, administrators and guardians, in certain cases," sec. 23, enacts, *' that upon a request made in writing by any relative or friend of any person, who is an idiot, non compos, lunatic, or distracted person, or upon the like request of the overseers of the poor of the town, in which such person lives or is an inhabitant, that a guar- dian may be appointed over such person, the judge of probate for the county in which said town is situated shall cause the selectmen of such town to make inquisi- tion thereinto ; and if, upon return of such inquisition and due examination had, it shall appear to the said judge and be decreed by him, that s^ch person is an idiot, non compos, lunatic or distracted person, it shall be in the power of the said judge to appoint a guardian pr guardians over such person ; Provided^ no such decree shall be passed or appointment made, until the person, over whom a guardian is requested, shall have been cited and had opportunity to appear aqd shew cause against the same^ An Aw^fff OV THZI UXIiXTZA IXr OEKTAZXT 0A8BS. The statute of Janiiarj 3, 1829, cnnttp, ^' that eyrerj officer, nonrcommissioned officer and private, shall C:od- btamly keep himself furnished and provided wi(h the arms and equipments required by law, except such prl- tate of infantry as shall not be able to provide for him- self: and every parent, master or guardian shall furnish Bach minors liable to do military duty, as are under their care rospectivfly, with the arms and equipments afore- said, unless such parent, master or guardian shall be una- ble to furnish the same ; and no private shall be (Consid- ered unable to f)rovide himself, nor any narent, maister or guardian unable to furnish any minor under hid, care, tvilh feuch arms and equipments, unless he shall produce, after the first day of April and 'before the first day of May annually, to the commanding officer of the compa- ny to which he belongs, a certificate of such inability from the overseers of the poor of the town where he resides ^ and the commanding officer of sack compnpy shall forthwith lav such certificate before the seleclmcd ol the town ivhere such private or mingr roUdes :* and it shall be the duty of such selectmen forthwith, and at the exprnsc of their respective towns, to (provide for every such person the arms and equipments aforesaid, and they shall deposit the same in some safe and conven- ient place,and shall permit the commanding officer of the ffiompany to which soc^i person l»elongs, to deHver such arms and equipments to such private or minor, whenever his company shall be ordered out for military duty : and the said commanding offiper shall be responsible for the eafe return of such arms and equipments to the place of deposit." , " That the selectmen of every town and plade shall pay to each officer^ DOD-cooHDiBsioned officer and private^ Common Nuisances* 185 within their respective towns or places, on each regi* . mental, brigade or (iivi«(ion muster, w)io shall be oadutj, thirty one cents, to he paid on the piirnde where suclx musters arc ; and the comninnding officer of each conai- pany shall give notice of the tirre and place, .with the nuoiber of men under their command who are liHble to do (military) duty, to the selectmen of the town or place where they belong, at least six days previous to the day ofcjuster. And if the selectmen of any^tovvn or place . after having been so notifiecTshall neglect or refuse tp pay to each non-commissioned officer or private the above sum, they shall forfeit and pay the sum of fifty: centfl to each nen-commissioned officer and private whom ^ the^ shall neglect to pay, to be recovered by the com- manding officer of the company which shall be so neg- . lected, in any court or before any justice proper to try ^ the same, to be paid ovier, to the non-commissioned offi- cers and privates who shall have been neglected to h% paid as aforesaid.^' CHAP. XXVI. or TBfi ZiA'WS tLEZMATJJXa TO OOMBKOXr XTUZSiLNCBS. The statute of January 3, 1792, entitled '< an act ^ prevent common nuisances," enacts, *' that where any slaqghter house is already erected for killing of beasts in the compact part of any populous town in this state, the owner or occupier thereof shall at least three times in every week, from the last day of March to the last^ day of October^ annually, remove and carry away, or c^use to be removed and carried away from such slaughter house or out house or houses, or the appendages thereof, to some remote pdrt of the tbwn, all the entrails, gar* 186 Common Mdsanees. bage, 61 th nnil offals of soch beasts as ma}' have been kil- led (here, and as of\en as need be, sufficiently wash and cleanse their said houise or houses, u^ed for killing of beasts, so as noore eff*ectually to prevent (be stanch and effluvia thereoffrom disturbing the peace and endanger- ing the health of any of the citizens of this state, on plenalty of forfeiting the sum of thirty shillings for each ivcek^s neglect, to be recovered before any justice of Iho peace in the county where the offence may be commit- ted ; one moiety thereof to the person who shall complain or sue for the same, and the other moiety shall be for the benefit of the poor of thex town where the offence is committed : aitd the proof of any dead blasts hanging up in any out house, or the laying in or carrying out the en* trails, garbage or blood of any beasts shall be sufficient proof in law that such house is used tor a slaughter house within the intent of this law/' ^^ That from and after the passing this act, no person shall erect or occupy in the compact part of any large and populous town in thisslate, any slaughter house, or house for trying of tallow, or for currying of leather, ex- cept such as are already used for such purposes, without leave, first had and obtained frocp the selectmen of such town, together with the approbation of two justices of tbe peace for said ccunty, on penalty of forfeiting forty shil- lings a month for occupying any building in the afore- said trades or mysteries, except as before excepted, with* out leave first had and obtained in writing, under their bands for said purposes.^' ^^ That in case the regulations aforesaid, respecting the cleansing and preventing dangerous stench and efflu- vias arising from the use of the slaughter houses or oth- er out houses that now are or that have been used In any populous town or tawns in this stat^ should be found inef- fectual to prevent the inconveniences thereof, on suffix cient proof of whlcbf it shall and mny be lawful for the justices of the superior court of this state (o take cogniz- ance thereof, and Issue order to the owner and occupier of any or all such slaughter houses or other buildlDgs used for killing of beasts as aforesaid, and thereby foN ever prohibit such use thereof; and if such owner or occupier refuse to obey such orderi and persist in killing Common /fui$anc^j. 187 beasts ns nforesnul, it shall nnd mny be lawful for said jastices ofs.iid court to issue their precept to the sheriff or his deputy of any county- where such offence shall have been committed and continued, directing him to take do\Yn and remove such huihilpg used as aforesaid, and to fiell immediately at auction, so much of the materials thereof as will pay him reasonably for executing said precept, aod all cpsts of taking down, and removing the " That henceforth no cart, trucks, sleJ or dray, drawn by either horse or horses, horse and oxen, or oxen only, shall be stiffered to pass through any of the streets or , lanes in the con^pact part of the toivn of Poitsmoutb fvithout a sufficient driver, who shall, during such pas- sage, keep with his cart, trucks, s!ed or dray, and care* fully attend and observe such methods as may best serve to keep their horses or oxen under command, and shall have the thill horse by the bridle or halter ; and what- soever carter or other person undertaking to drive any cart, trucks, sled or dray as shall t^glect to* observe the rcles aforesaid, spch carter, driver, or the owner of such team so offcndinfv, shall forfdt and pay the sum of six BhilUpgs for each offence, to be recovered in the same way and manner as is hereiQ before directed for othe? Buisanccs.^' ^^ That no person shall ride throuj^h any of the streets or lanes in the compact part of any populous town in this state on a gallop, or- any sivifter pace than at the rate of five miles an hour, on penalty of forfeiting the sum of eit shillings for each ofTence^to be recovered in the same manner as befoie directed in this act for other nul- eances.'' " That no person sb«ill hereafter erect or set up any house of office or easement,, or lay or leave any dead beast or carrion within the compact part of any populous town in tl^is state, or suffer the same to continue, being already standing or set up within forty feet of any street, lane or highways, or the dwelling house, shop or well of any neighbor, except on wbarves or banks of the river, unless the same be vaulted six feet deep and sufficiently secured and enclosed, on penalty of forleiting the sum of twenty ehiliings for every transgressioh of this law, andl ■*•«, ■ -. .r 188 PropriHary Records, the like snmof fiventy shillings for every three months the said nuisance shall conlinue after the tirst convlctioD ; nor shall any person in, said Portsmouth erect or keep any pen or stye for Ewiiie so near the streets or lanes, or their neighbor's divellinp;, as to hecoroe a nuisance, in the judgment of the surveyors of the highways, or three at least of the selectmen of said town for the lime being, who are hereby >.empovvered ami directed to remove the same, or order it to be removed nt the expense of the owner, and shall recover double cost io any court proper to try the cause." CHAP. XXVII. or TBB XiAWB BBZi ATINO TO PBOP&XBTABY ' BBCO]^DS. The statute of December 22, 1808, enacts, " that in every case of a proprietary of common and undivided land, in a town where there shall be tifty families, the proprietors' clerk shall live in the town.^' " That every clerk of proprietors of common and un- divided land shall be obliged to furnish such certified copies of the proprietary records, as are requested of him by any person, on penalty of forfeiting the sum of one hundred dollars to such person,; and said. clerk shall also be liable to such person requesting copies as afore- said, on refusing to furnish the same, for all damages which he may sustain in consequence of said refusal.^' ^' That in every town having fifty families or more, where there is or shall be no proprietors' clerk living in •ach town, it shall be the ddty of the town clerk to call on the person having possession of the proprietors' re- cords, who shall be obliged, under the penalty of five hundred dollars, (to be forfeited to any person who will f I Proprietary Records. 189 sne for the satne,) to deliver to snid town clerk said proprietafy records ; ^nd it s^hail be the duty of such town clerk, when he shall have so received said recorJs, to furnish cortilicd copies ol' j'tvid rcconls lo every per- son who tnay apply lor the same, on penalty of the sum 6f one hundred dollars to the use o> any person who will 9ue for the same ; and shall also be liable to the person BO requesting copies, tor all damages by him sustained in cpnsequcnce of said refusal.^' '^ Thai any person who shall intentionally destroy any proprietary records, or shall aid or assist in carrying the same out of this state, shall be liab'e to any person in- jiired thereby', for all damages ; and shall also be con- side red guilty of a misdemeanor, and may be indicted therefor." *' That no proprietors of common and undivided land. shall have power to t.ix any lands holden in severalty f any law to the contrary nclwiihstanding/' *^ That shid town clerks and said proprietors' clerks shall^be entitled to receive, for copies, the same rate of fees as is by law* allowed to clerks of the court of com- mon pleas, for copies." " That the several penalties mentioned in this act may be recovered by action of debt, ip any court or courts proper to try the same." • 'The statute of July 3,.1827, ei.acts, " that it shall be the duty of every person in this state, not beU^g a pro- prietor's clerk, nor being the clerk of any town, having in his, or her possession, the proprietary records, or any parts thereof, oftrny town in this stale, so connected tvith the proprietary records of any other toU'n qr place, that they cannot be separated therefrom ^vith'out injury, to deposit all such rccoi'ds, either i.n the oHicc of the town clerk of some one of the towns iirst incorporated, to ^which such records may relate, or in t,he oflice of the secretary of state, within three months after the passage of this act, or within three, months from the time such records may hereafter come to his or her possession, on penalty of forfeiting the sum of one hundred dollars, to the use of any person who may sue for the same^ to be recovered in an action of debt." 190 Extinptiihment of Fira. *^ That nf\er such records shall be deposited in tb« office of the town clerk, as aforesaid, or (A the secretary of state, it shall be the duly of such town clerk, or secre- tarjr, as the case may be, to make and certify copies thereof, or any part thereof, for the use of any person applying for the same ; and such copies shall be receiv- ed and used in all courts and all other places, as^duly authenticated copies of such records.^' CHAP. XXVIII. or TBB XiAVre BBZiiLTZXrO TO THB EZTZSr- ouzsBMxsjerT or riBss. The srtatute of December 16, 1828, which went into operation on the first day cf February, 18S9, enacts, *^ that the firewards of each town in this state shall, by major vote, choose a chairman arid secretary or cJerk. Avkd all acts required to be done by such fire wards shall be as valid and effectual if done by a majority of them, as if all were present and consenting thereto. And any notice required to be given by such fire wards shall be valid and cfifectual, if signed by their chairman and sec- retary or clerk. .And the said fircwards shall have for a badge of otfice a staff painted red, B\'e feet long, and beaded with a bright brass spire. And the said fire* wards are hereby required, upon the breaking out of any fire in any such toivn, to repair immediately to the place where such fire may l')e, taking with thcnx their badge of office, and to exert themselves vigorously, anJ to demand assistance from all persons present, to extin- guish and prevent the spreading of such fire, and to re- move any property endangered thereby, and to appoint guards to take care of such property." ^* That the said fire wards be, and hereby are empow- ered to require assistance froiQ ail persons present at J , Extinguishment of Fim. . 191 fDCJi fire, to puHdown) blow up, or remove any hoasei buildings, or other thing whatsoever, provided it shall be judged necessary by a mnjority of the said ^rewards then present, for preventing the spreading of such fire. And said firewarJs are hereby empowered to suppress with force, if necessary, all tumults and disorders, and to order, direct and control the labor of all persons present at such fire. And if any person ptesenfat such fire shall neglect or refuse to obey the commands of said fircwards or any of them, at such fire, such person shall be liable to a penally of fifty dollars." ' ' *' Thai said fire wards shallliave, at all times, the en- tire direction and control ot all fire engines, fire-hooks, hoses and other implements designed or used for extin- guishing or preventing the spreading of fire in any such town. And the said firewards shall have, at all times, the general direction and control of all persons chosen or accepted by them to serve in any engine company, axe company, hose company, or other association of persons, whose special duty it shall be to aid in extinguishing or preventing the spreading of fire, in all matters apper- taining to the duties of their respective appointments.'' ^' That it shall be the duty of said fire wards to give a warrant, under the hand of their chairman, to be coun- tersigned and recorded by their secretary or clerk, to each person chosen or accepted by them to serve in any of the companies aforesaid, which warrant shall be valid 60 long as such person shall continue a member of said company, or until said warrant shall be revoked by order of said firewards, and the revocation thereof recorded by their secretary or clerk. And every man* to whom any Such warrant shall be granted, not exceeding eighteen men to each fire engine or hase company, shall be ex- empted from training in the militia and serving as juror during the time such warrant shall be in force. FrQvip ded however, that when in the judgment of the select* men and firewards of such town a greater number than eighteen men shall be necessary to any such engine^ or hose company, additional men, not exceeding twenty- two to any such englac or hose company, may be ap- ' pointed by said selectmen and fircwards, and a warrant I signed h^f said selectmen, and also signed, pouptersigned < I I9S Extinguishment of Fires. ^and recorded, ns nforesnid, shall entitle sach additional men to be exempted as aforesaid.^* /" That if any person shall assume the office of fire- ward, hot heing thereto legally chosen, or shall use the badge aforesaid, he shuU be liable to the penalty of fifty dollars." • ** That if any person or persons shall, at such fire, plunder, embezzle, convey away, or conceal any goods or effects, and shall hot forlhvvilh 'deliver the same or give information thereof to the 'o\\>ner or owners, if known, otherwise to one of the firewards, such person or persons shall be deemed and taken to be guilty of larce- ny thereof." ^^ That the major part of said firewards present at any such firr, are hereby empowered to cause any houses, buildings or other thing whatsoever to be pulled down, blown up or removed, that they shall judge necessary to gtop the progress of such lire. And it by destroying or injuring' any such houses, b'jildings,#or other tiling as a- loresaid, the fire shall be stopped, or if the lire shall he stopped befor^ it reach the same, the owner or. owners , of every such house, building or other things shall re- ceive a reasonable cowpensalion for the injury done to the same, to be paid by the town. And the scleqtnlen of such town, for theHimc being, 'on application to them for that purpose, are hereb}' empowered and directed to ap- praise the damage done to any house, building or other thing, by order of the firewaixis as aforesaid, and to as- sess the polls and estates in such town liable by law to be assessed in town taxes, their just and legal proportion of such damage, which shall be collected in the same man- ner -as other town taxes may be by law collectf.d. And if such selectmen shall neglect or refuse to make ade- quate compensation for any damages sustained as afore- said, for the space of three months after application to them for that purpose, the- party aggrieved may apply by petition to the court of common pleas for the county wherein such town may be for redress. And said court of common , pleas, alter reasonable notice of said petition to snch town, shall ascertain and determine the amount of such damages, and render judgment and issue execu- tion therefor and for costs against such town. Pro'Med, Extinguishment of Fires. A9Z however^ that viherk any sach house, hnilding ok other thing, ivhereiifor whereat the fire first hegan, shall be pulled dowD) blown up or removed by order of said fire- ^var^s, the party injured shall not be entilled to compen- sation for damages as afore said« And when any other bouse, building or thing shall be pulled down, blown up or removed by order of said fire wards to stop the pro- gress of fire, and such fire shall not be stopped thereby, and it shall appear that such other house, building or thing nust have been /burnt if the same had not been pulled^down, blown up or removed, as aforesaid, the par- ty injured shall not be entitled to compensation for dam- ages as aforesaid." " That when, in the opinion of the firewards any buil- ding in such town has become dangerous by' reason of de- cay, or want of repairs, or otherwise, it shall be the du- ty of the firewards to give a written notice thereof to* the owner or owners of such building, if residing within the town ; or to the occupant of such building, if the owner or owners do not reside within the town ; or in case the owner or owners do not reside within the town, and there be no occupant of such building, to post up such notice in at least three public places in said town which notice shall in all cases contain a particular account of the repairs or alterations required to be made ; and in case such repairs or alterations be not made within thirty ' days from the time of giving or posting up said notice as aforesaid, the firewards may cause such repairs or alter- ations to be made at the expense of the town, and such town may recover the amount thereof against such own- er or owners or occupant by an action of debt before any court competent' to try the ^ame ; and such action may be brought by the firewards in the name and behalf of said town ; and in case, in the opinion of the fire- wards, such building be in a ruinous state and not worth repairing, and the owner or owners (io not within sixty days from the time of such notice make the repairs or alterations required therein, the said firewards may cause such building to be demolished at the expenseof the town, and shall make out a particular account of such ex- pense, and cause the same to be filed with their secreta- ry or clerk ; and in case the owner or owners do not with- 18 194 ' Extinguiahment of Fires. in five days from such filing repay the amount of such ex< pense, the said firewards may sell by public auction the materials of such building ;, and from the proceeds of such sale shall retain the amount of such expense and charge of sale, and the overplus, if any, shall pay over to the owner or owners of such building when thereto requested. Provided, however, that when in the opinion of the firewards the puMic safety may be greatly endan- gered unless such' repairs or alteratiotis be immediately made, they may limit and appoint such time less than thirty days, for making the same and give such notice thereot as they may think the exigency of the case may require, and such repairs or alterations, not being made by the owner or owners or occupant within such limited time the, subsequent proceedings shall be the same as herein provided in cases where such repairs or altera- tions are not made within thirty days after notice as aforesaid." ^^ That it shall be the duty of such town to advance to the firewards from time to time, when thereto re- quested, such sums as may be necessary to carry into ef- fect the provisions of this act ; and it shall be the duty of the firewards of suqh town annually, in the month of Inarch, and before the auLual town meeting, to transmit to the selectmen an exact account of their receipts and expenditures in said office of firewards, which account the selectmen shall lay before the town at such annual meeting, or at any meeting adjourned therefrom ; and ail penalties recovered by virtue of any provision in this act shall be accounted for to the selectmen in their annu- al account as aforesaid.'' ** That every house or other building of two or more stories in height, which has four fireplaces, shall be pro- vided with two leather buckets of such size and form as the firewards of such town shall from time to time pre- scribe ; and every such house or other building which has six fire places, shall be provided with three such buckets ; and every house or building which has eight fire places, shall be provided with four such buckets; and every house or building which has more than eight fire places, shall be provided w}th six such buckets ; ^i^d every such house or building shall have thereon 9 » . Extingmihrnent of Viret. 196 good aeeure ladder or ladders reaching from the ground to the ridge pole ; which buckets and ladders shall be pro- vided and kept in good repair at the charge of th^ owner or owners of suc^ house or building. And in case the owner or owners of such house or building shall neg- lect to provide and keep in good repair such buckets and ladders, he or they shall be liable to a . penalty of six dollars for every three months neglect therein. And in case of such neglect the firewards may give notice to the owner or owners, or to the oceupant, if the owner or owners are unknown, or do not reside withih such town, to provide such buckets and ladders, and if the same shall not be provided within thirty days after such notice, it shall be the duty of said firevi^ards to provide the same at the expense of the town ; and such to^n may recover the amount thereof of the owner or owners of such house or building, t)r of the occupant in case the owner or owners thereof be unknovvn or do not reside withii^ such town,, by an action of debt before any court competent to try the- samie, and such action maybe brought by the firewards in .the name and behalf of such town." *^ That any tenant who shall be obliged to pay any sum of money by virtue of this act which sum his lessor ought to have paid, may retain the same out of the rent of the tenements he holds under suchjessor; or may re-^ cover the same against such lessor in "an action of debt before any court competent to try the came.^^ ^^ That it shall be the duty of said firewards, and they or any of them are hereby, empowered, to cause any fires on any wharf or in any street or highway in any such town to be forthwith extinguished or removed when- ever In their opinion the public-safety may riequire the same.^' " That the firewards of any town be and* they are » hereby empowered, from time to time, to make and or- dain such rules and regulations not repugnant to any law:* oi this state respecting the kindling, guarding and safe keeping qf fires, and also for the prevention ^nd extin- guishing of fires, ot for clearing awky shavings, chips, ^ or any combustibU matter that may be thought dagger- 19^ ExtingttishmerU of Fires. 0118, from any honse or other building or place, as the j, in their jadgoleDt, may think proper, and such rules and regulations signed by the major part of said .fire wards, shall be recorded in the records of the town, and copies of the record attested by the town clerk &hall be posted up in two or more public places in the town at least thir- ty days before such rules and regulations shall take ef- fect. And the said firewards shall have full power to an- nex such penalties for the breach of acy or all of such rules and regulations as they may deem necessary not exceeding twenty dollars for each ofifence ; and such rules and regulations shall be in force until altered or annulled by the laws ot the state or by the fire wai ds of such town." ^^ That all penalties incurred by the breach of any provision in this act, or by the breach of any roles and regulations made by the firewards of any ^town in manner provided by this act, may be recovered by action of debt before any court competent to try the same, which ac- tion may be instituted by the firewards in the name^ and behalf, of the town where the offence was committed ; and all penalties recovered, shall be appropriated by the firewards to the purchase or repair of engines or instru- ments proper to be used in case of fire or shall be paid into the treasury of the town. And all actions for the recovery of any penalty within the jurisdiction of a jus- tice of the peace, maky be sued and prosecuted before any justice, within the county where the offence was committed, and it shall be no cause of exception to any such justice, that he resides or has property within the town where the offence was committed.^' ^^ That this act shall extend to, and be in force only in such towns in this state which shall at their annual or other town meetings called for that purpose, adopt the same. Provided hixoever^ that such town may adopt the whole, or any part thereof as they may think proper. Provded aUo^ that such town may exempt from the ope- ration of the tenth section of this act, such inhabitaots of such town as live remote from the compact part . thereof." I ( 197) CHAP- XXIX. «F THIS CHOZOB OF BEFBBSEZrTATZVSS OF . OZaASSISD TOlXTirS. The statute of December 23, 1828, enacts, « that llhe meetings for the choice of the representatives of such towns, as are or may be classed for that purpose, shall be called by warrant under the hands and seal df the selectmen of that town, wherein the meeting is, by law, to be holdcQ for that year, requiring the inhabitants of said townSy qualified to vote for senators, to meet.at a certain place in said town, and at a certain hour therein mentioned, and expressing the purpose of such meeting., And the said selectmen shall post up an attested copy of such warrant, at the meeting-house or some other public; place in each of said towns, fifteen days before such meet- ing, and rPturn such warrant, with their >doings thereon, at (he time and place of such meeting.^' "That the selectmen of the town wherein such meeting is to be holden, shall lodge with the town clerk of such town, and shall cause to be posted up at some public place in said town, at l^adt' fifteen days previous to said meeting an alphabetical lisf of all the legal voters of ^id town and shall at said meeting on receiving satisfactory evidence thereof enter on said list the names of all legal voters in said town not before on said, list,' and likewise the names o^ all legal voters belonging to the ' towns or places classed with said town for the choice of a repre- sentative who may appear at &aid meeting and offer to vote." " That at the meetings aforesaid, a moderator shall be chosen, by ballot, by a majority of votes. And the said moderator and the selectmen and town clerk of the town wherein such meeting shall be holden, shall have and ex- ercise the same powers, perforni the same duties, and be subject to the same penalties and liabilites ; and t^e le- 18* ^ 198 RepreietUativtt of Claued Tnms, gal Toten, present at aach meeting, shall hare the same rights, and be subject to the same, penalties and lia- bilities, as thej respectively would by law, if sach meeting were a legal meeting of the inhabitants of one town only." *< That in case there should be no town clerk of the town, wherein such meeting shall be holden, or id case of his absence, the legal voters present shall, by ballot, by a majority of votes, elect a clerk of the meedng,who shall be sworn, and shall perform the duties, by law re- quired of town clerks in town meetings^ and shall keep a fair record of the proceedings of the meeting, and shall transmit the same, duly certified, to the town clerk of said town, as soon as may be^whose duty it shall be,to record the same in the book of records of the town, in which such meeting may be holden." ^^That if the selectmen pf the town, wherein the oaeet- ing of the legal voters of such classed towns for the choice of a representative should, by law, be holden for that year, ^hall neglect td warn such meeting, or to make, post up, and lodge with the town clerk of said town, a list of the legal voters in said town, agreeably to the provisions of this act, they shall forfeit and pay the sum of fifty dollars for each offence, to the use of any person, who will sue for the same." (1^9) CHAP. XXX- OS* vsca & AW8 maziATZMro to tbb mabtttito OF SfeCBSV. The statute of December 20, 1816, enacts, ^* that the o.wner of any sheep may ear-mark or brand the same as he or she may think proper, and cause thei|r seyeral marks or brands to be recorded in the town clerk^s office Id the town in which such owner v shall reside, or in which the sheep may be kept, and the town clerk shall be entitled to receire six cents for recording the same." " That if any person shall wilfully alter, cut out or deface the mark or brand of any sheep ijo marked or branded as aforesaid not being the proper owner thereof^ or if any person under pretence of marking -his owd sheep shall cut off the whole of an ear or of the ears of such sheep ; every person so offending shall forfeit fiye dollars for every sheep, the mark or brand of which shall be so altered, cut out or defaced, or whose ear or ears shall be so cutoff as aforesaid:— ^to, be recovered by action in any court proper to try the same, the one half to him) her or them who shall prosecute the same to ef- fect, and the other half to the treasury of the towD in which the offence shall be committed.'* i ( 200 ) CHAP. XXXI. ST ATtJVBS AZaXiO WmrO PBEWZirMS FOR KZX.« iiZ2ra tsrozavss^ ixniiP oats, bzlaas £L2ri> 0BOW8. The statute of June 12, 1801, enacts, ^« that if any person shall kill any wolf or wolf's whelp within this state, and shall bring the head of such wolf or wolf's whelp to the selectmen of the town or place in which the same was killed, and if there be no selectmen in the town or place where the same was killed, then to the se- lectmen of the town or place next to the town or place where the same was killed, and shall prove to the satis- faction of the said selectman, that the wolf or wolf'« whelp, the head of which he hath brought to them as a- foresaid, was killed by him, or by his means, or by any other person whose agent he is, the said selectmen shall cat o£f the ears from the head so brought to them as a- foresaid, and shall otherwise disfigure it so that it may ne- ver be produced for the lilce purpose again, and the said selectmen shall give the person so producing'^ the head as aforesaid a receipt for the same, and the person receiving the same receipt, on producing it to the treasurer of this state, shall receive out of the treasury of this state the sum of twenty dollars for every wolf killed as aforesaid, and the sum of ten dollars for every wolPs whelp killed as aforesaid.'' ^^That the treasurer shall not pay for any receipt pro- duced as aforesaid, until the next session of the geneial court which shall happen after procuring the same, that he may have an opportunity of inquiring into the validi- ty thereof, which he is hereby directed to do." The statute of June 27, 1809, enacts, "that if any per- son shall kill any wild cat, of that species of cats which are naturally wild, within this state, and shall bring the bead " of such wild cat to the selectmen of the town or place in which the same was killed, and if there be no ' WolveSi Wild Cats. Beau and Crows. 201 selectmeD in the town or place where the same was kill-, ed, then the selectmen of the town or place next to the tomi or place where the same was killed, and shall prove to the satisfaction of said selectmen that the wild cat, the head of which he hath brought to them as aforesaid, was killed by him or by his means, or by any other persua whose agent he is, the said selectmen shall cut off the ears from the head so brought to them as aforesaid, or otherwise disfigure it so that it may never be produced for the like purpose again ; and the said selectmen shall give the person so producing the head as aforesaid, a re-* ccipt for the same ; and the person receiving the same receipt, on producing it to the treasurer of this state, shall receive out of the treasury of this state the sum of three dollars for every wild cat killed and certified as a- foreskid." The statute of December 16, 1828, enacts, ^' that if any person shall kill an;^ crow within this state, between the first day of April and the first day of July in each and every year, and shall bring the same to any one of the selectmen or treasurer of the town or place where the same was killed, or if there be no selectmen or treasurer in such town or place, then to one of the selectmen or treasurer of the town or place next adjoining thereto, and shall prove to the satisfaction of such selectman or treasurer, that he kiHed the crow thus brought as afore- said within such town or place aforesaid, and within the time aforesaid, the said selectman or treasurer shall cut off the head of such crow, and shall otherwise disfigure it so that it shall not be produced for the like purpose a- gain : and the said selectman or treasurer shall pay to the person who killed such crow ten cents therefor, and take such person^s receipt for such payment ; and the sei- lectman or treasurer of the several towns in this state^ upon presenting to the treasurer of this stale their res- pective accounts for monies paid by them or either of them respectively to any person or persons as a premi- um for killing crows as aforesaid, shall receive the amount of such accounts out of the state treasury. And the treas- urer of this state is hereby authorized and directed to pay the same accordingly.^' 202 Wohei^ Wild CiiU^ Bears and Ctovi. The statute of December 25, 1828, enacts, ^« that if «ny penoD ah^Il kill any bear within this state and shall bdog the head of said bear to the selectmen of the town or place in which the same was killed, and if there be no selectmen in the town or place where the same was kill- ed, then to the selectmen of the town or place next to the town or place where the same was killed, and shsill prove to the satisfaction of said selectmen that the bear, the bead of which he hathbrought to th.em^ was killed by him or by his means, or by any other person whose agent he is, the said selectmen shall cut off the ears from the head so brought to them as aforesaid, or otherwise disfig- ure it, so that it may never be produced for the like pur- pose again : and the said selectmen shall give the person so producing thQ head as aforesaid a receipt for the same, and the person receiving the same receipt, on producing it to the treasurer of this state, shall receive out of the treasury of this state the sum of three dollars for every bear killed and certified as aforesaid.^' r Form df^a receipt fb be given by selectmen far the head of a bear^ v>olf or wild cat. This may certify, that the undersigned, selectmen of the town of Concord, in the county of Merrimack, have this day received of A. B. of said Concord, the head of a wild cat, and that the said A. B. has proved to our satisfaction, ^that the wild cat, whose head we have so received, was killed by his means, (or, by means of C. D. whose agent the said A. B.#is.) In witness whereof, we have hereunto set our bands this first day of April, A. D. 1839. M-N. O.P- ( ^' ) CHAP. XXXIL 07 VBB ICJLXirTBirAHOB OF 7AVVBB8. Section 1. — General remarks. ^ It is a matter of no sodall moment to the inhabitants of towns, that the dnties, which the law imposes upon over- seers of the poor, should be correctly discharged. The expense of determining the legal settlement of paupers and of supporting them, is among the heaviest taxes paid by the people of this state. The amount of these ex- jpenses depends to a very considerable extent upon the judgment and discretion of those who have the manage- ment of the business. Questions of much difficulty in re- lation to the settlement of paupers often present them- selves. Much sagacity is not infrequently necessary to obtain the facts which must be kbown, in orde^ to ascer- tain the place of settlement. The selection of proper eoansel, upon whose opinion of the law a safe relianc^ maj be placed, requires the exercise of considerable judgment. If towns are precipitated into law-suits with- out due examination of the facts and this law, and without the direction of men competent to give sound advice, much useless expense will be the inevitable consequence. ^ Even when the best light that can be had is obtained, the question, whether both the facts and the law are so clear as to render it expedient to prosecute or defend an action, is often exceedingly embarrassing to men of the soundest understanding. The true rule for settling such a ques- tion is, to' consider what a prudent and discreet man would under like circumstances do in his own case. If sucl^ a man, after counting the costs, would think the advantages 204 Paupers* Sect. I. likely to result from gaioing the cause sufficient to justify ' the risque of the expense which must attend a failure, the contest ought not to be declined. But if such a man would think otherwise, the matter ought always to be in *iome way adjusted. Nothing should be hazarded in the case of a town, which might not with propriety be haz- arded in the case of an individual. . A sound judgment is also required to determine with propriety when and to what extent relief ought in partic- ular cases to be afforded. The idle and the dissolute are sometimes disposed to throw themselves upon towns for support^ when they are able and ought to be compelled to earn their living by their labor. Every fraudulent at- tempt of this kind ought to be detected and exposed. And in many instances, individuals in actual want may be com- pletely relieved with a very little aid judiciously given. ^ Some discrimination ought to be made between the dif? ferent classes of paupers where it is practicable. Those who by idleness, by crimes, by intemperance, have wast- ed their subitance and thus become unable to support tbops^lves, deserve nothing more than to be simply kept from perishing. Any thing more than this, is in some measure to give a bounty to vice and idleness. This class of people ought to be permitted to feel the natural con- sequences of their conduct. They should so fare, that their situation may afford no temptation to others to fol- low their example. On the other hand, those who by misfortune are reduced to the painful necessity of asking relief from towns, deserve and should receive the kind- est attention. They ought not only to be made as com- fortable as a due regard to economy will permit, but be relieved in the mode best calculated to alleviate their misfortunes. I Sect. 2. Paupurs. 205 SECTION 2. • OF THE PURCHASE OF HOUSES AND LANDS BY TOWNS AND COUNTIES FOR THE ACCOMMODATION OF THE POOR AND FOR HOUSES OF CORRECTION, AND OF THE MANAGEMENT OF THE SAME. . ^ TKe Statute of December 16, 1828, enacts, *' that the inhabitants of the several towns in this state be authoriz- ed and empowered to purchase and hold any lands, and to purchase or erect and hold any houses and other build- ings, which may be necessary for the accommodation, su^iort and employment of their poor, and for a house of correction; and ai any legal meeting may raise all su^^ sunas of money as they may judge necessary for the pur- poses aforesaid, and for the managing and keeping in re- pair such lands and buildings. And the said inhabitants at any legal meeting may a,ppoitit all proper officers for the managing of said estate and for the goTernment of all per- sons who may be sent there either for suppprft or for cor- rection ; and may make and establish an necessary rules and regulations not repugnant to the laws of this state, for ruling, governing and punishing such persons. And such rules and regulation^ by them so made shall be p^t in exe- cution. Provided^ that in no case the punishment to be inflicted by such rules and regulations shall exceed har fence by the principal in such recognizance, before a deci* sion is had on the appeal, shall be deemed and taken to be a breach of the condition of such recognizance.'^ ^' That if any person shall be found committing either of the offences or disorders aforesaid, in the public streets OF rostds in the night time, any such person may be ap- prehended by any magistrate, constable^ or watchman, or by any citizen by order of such officer, and kept in custo- dy in any convenient place for the space of twenty-four hours, at or before the expiration of which time they shall be carried before a justice of the peace and be J08 • Paupers. Sect. 3. there piosecateM as aforesaid or discharged as the Bald justice shall determine.^' FORM NO. L Farm of a complaint against a common drunkard. To A. B. Esquire^ one of the justices of the peace in atid for the county of Rockingham. C. D, of Portsmouth, in said county, laborer, com- plains and gives the said justice to understand and be informed, that E. F. of the same Portsmouth, yeo- man, at said Portsmouth, in the county aforesaid, on th€i first day of June, in the year of our Lord eighteen hundred and twenty-eight, was a common drunkard ; and on divers days and times between the sail} first day of June ^nd the day of exhibiting this complaint, at said Portsmouth, was drunk .and intoxicated by the excessive use of spirituous liquor, contrary to the form of the statute in such case made and provided, and a- gainst the peace and dignity of the state. Wherefore the said C. D. prays that the said E. F. may be held to answer to this complaint, and t)iat justice, may be done in the premises. .CD. Rockingliamjss. March 2Ty I6S9. Then CD. per- sonally appeared and made oath that the above com- plaint, by him subscribed, is in his belief true.' Before me, A. B. Justice of tht Peace. ^mx^.% Paupertt. * «69 FORM NO- II. ' JFbnn of a warrant upon the foregoing complaint. STATE OF NEW-HAMFSHIREl. . Rockingham^ 9S, To the sheriff of said county^ or his dep- £ '^A>* V uty^ or to either of the constables of t/ie, town of J ^' ^' I Portsmouth^ in said eountyj ^^""^ GREETING. • Wheheas C. D. of Portsmouth, in said county, la* borer, has exhibited tome, A. B/one of the justices of the peace in and for said county of Rockingham, his aforesaid complaint upon oath against E. F. of said Portsmouth, yeoman : We command you in the name of the state of New-Hampshires to apprehend the said E. F. if he may be found in your precinct, and bring him before me, or some other justice of the peaee for said county, to ansWer to the said complaint : and we further command you, that you summon the said C. D. to appear when and where yoti may have the said £. F. before me or some other justice of the peace for trial, and testify what he knows relating to said complaint. Herein fail not. Given under vy hand and seal this twenty rseyenth day of March, in the ye&r of our Lord eighteen^ hun-* dred and twenty-nine. A. B. Justice of the Peace. ) For the form of a constable^s f eturn^ see chapter in section 4, form No* 1. \ . f FORM NO. III. Form of ajtdgment upon the foregoing coinplaint. ft Rockingham^ 88. - Be it rentiembered, that on the twenty-seventh day io( March, in the^year of our Lord <6ighteen hundred and twenty-nine, C. D. of Ports* mouth, in said county, laborer, came before me> AtB^ 18* 210 Pauper». Sficr. 3. EsquiiLe, one of the justices of the peace in and for said Oounty of Rockiogham, and on oath complained and gave me the said justice to understand and be in- formed, that [Here insert the complaint.'] Whereupon afterwards, on the same twenty-seventh day of March, the said E.F. being brought before mef^ the said justice, by virtue of a warrant issued upon the complaint aforesaid, and having heard the said complaint read, said that be was not guilty of the said offence : and thereupon, after hearing the evidence offered as well on the part of the said E. F. as in be- half of the state, and maturely considered the same^, it appears to me the said justice, that the said E. F. is guilty in manner and form as in the said complaint alleged; It is therefore considered by me, the said justice, that the said E.F. be committed to the house of correction in said town of Portsmouth, there to be put to bard labor for the term of three months. A. 6. Justice of the Peace. For the form of a recognizance to be taken when an appeal is claimed, see A*. H, Justice^ 87. FORM NO. IV- Form of the mittimus. Rockingham^ st, * To the constables of the town of Port^ i'^^*^) mouthy in said county. J L. s. > is^^f GREETING* Whereas on the twenty-seventh day of March, in the year of our Lord eighteen hundred and twenty- nine, C. D. of Portsmouth, in said county, laborer, came before me, A. B. Esquire, one of the justices of hie peace in and for said county of Rockingham, and on oath complained and gave me the said justice to underi^tand and be informed, that {Here insert the complaint.] Sect. 3. . . Paupers. ' 2U Whereupba the said E. F. beiilg afterwards, to wit} on the same day brought by virtue of a warrant issued OB the c6m{^aint aforesaid, before me, the said jus- tice, and having heard said complaint read, said that he was not guilty of the said offence ; . and thereupon^ after hearing the evidence offered as well on the part, of the said E. F. as on behalf of the state, and ma- turely considering the same, it appeared to me, the said justice, that the said E. F. was guilty in manner and form as iil the said complaint ^'as alleged ; it was therefore considered by me, the said justice, that the said E. F. be committed to the house of correction in said Portsmouth, there to be put to hard labor for the term of three months. We therefore command you, in the name of the state of New-Hampshire, to convey the said E. F. to said house of correction, and deliver him to the keep- er thereof ; and the said keeper is likewise command- ed to receive the said E. F. into his custody in said house, and him there safely keep until he be discharg- ed by due order of law. Given under my hand and seal this twenty-seventh day of March, in the year of our Lord eighteen hun- dred and twenty-nine. . A* B. Jus. Peace. ^ FORM NO. V. Form of a complain$ against a vagabond and idle person^ To ^. B. Esquire^ S^c. C. D. of Portsmouth, in the county of Rockingham, laborer, complains and gives the said justice to under* stand and be informed, that E. F. of the same Ports- mouth, laborer, on the first day of January last past, was and ever since has been a vagabond and idle per- son, going about the said town of Portsmouth from 212 Paupers. Sect. 4. place to place begging, contrary to the form of the statute, in such case made and provided, and against the peace and dignity of the state. C. D. SECTION 4. OF BINDING OUT POOR FERSONS AND CHILDREK. *" The statute of December 16, 1828, section 7, enacts, **;that the overseers of the poor in eyery town in this sta^e be empowered to bind out to labor, or to employ in their work house, every person residing ia their town who lives idly and pursues no lawful calling or business, and who is poor and stands in need of relief from such town, or Whose family standing in need of relief is sop« ported by such town» And every contract made by such overseers, in any of the cases aforesaid, shall be as ^od and effectual as if such person bound him or herself for the same term of time ; and such overseers of the poor shall and may take the wages and appropriate the same to the msrintenance of such person or his or her family or children. Fromded alx9ayi^ that such contract shall be made in writing and shall express the term such person is to serve, which shall not exceed one year at a time, but may be renewed or made for a shorter time, as there may be occasion.'* " That the overseers of the poor in the respective . towns in this state be empowered to set to work in their work house, or elsewhere, or bind out ^s apprentices, all such children as have their setUement in, and are char- geable to, such towui and all children who do not em* ploy themselves in some lawful business and whose pa^ rents are unable or neglect to maintain them, and do not Sect. 4. Paupers, 213 ■s, bind thetn oat in good families ; and the males may be bound out bntil they arrive at the age of twenty-one years, «nd the females until they ^arrive at the age of eighteen years. And such binding out shall be as good and effectual in law to all intents and purposes as any way and method ot binding out apprentices whatever. — And tbe said overseers shalt make the contract equitably and as much as may be for the interest of the persons bound out, at leabt that they be Instructed to read and to write and to do such work and business as may be suita- ble to their circumstances and condition. And the said ^overseers shall inquire into the usage of all persons so bound put, and shall endeavbr to redress any wrongs or injuries they may sustain. And the persons to whom such apprentices may be bound shall have the same authority over them that other masters have by law over their ap- prentices during their apprenticeship.'^ FORM NO. I. Form of an Indenture to bind to labor any idle person* This Indenture witnesseth, that B. T., P. W. and S. M, overseers of the poor of the town of C. in the county of M. hy virtue of a lavir of this State in such case provided, have bound and do hereby bind out to labor to C. D. of said C. yeoman, for the space of one year from thedate hereof, A. B.a person resid- ing in said town of C. who lives idly, and pursues no lawful calling or business, and who is poor and stands in need of the relief of said town | or whose family standing in need of the relief of such town are sup- ported by such town] during which time the said A* B. shall faithfully serve the said C. D. and obey all his lawful commands, not wasting any of his goods , nor doing any damage to him Whatever. And the said C. D. on his part, doth hereby cove* nant and engage to pay to the said overseers for the service of the said A. B. for the term atoresaid, the sum of dollars, to be applied by the said over- seers for the support of the said A. B's family [if he 214 Pauperis Sect. 4. has any, if not, say] to be Taid out at the discre^tion of the said overseers for the use and benefit of the said A. B. ' In testimony whereof, the parties aforesaid have hereunto mterchangeably set their hands and seals the day of; , 1820. - BvT. &seal. , P. W.&se^l. S. M. & seal. G. D. & seal. Signed, Sealed, &c. i FORM NO. II. Form of an Indenture to bind out a poor child. This Indenture witnesseth, B. T,, P.W. and S. M. overseers of the poor of the town of in the county of , by virtue of a law of this State in such case made and provided, have placed, and by these presents do place and bind out as an appren- tice C. B. son of G*. D. of said town, a child charge- able to said town, who does net employ himself in any lawful business, and whose parents are unable to maintain him, and do not bind him out in any good family ; unto R. P. of said &c. to learn the art, trade pr mystery of , the said C. B. after the manner of an apprentice to dwell with and serve the said R. P. from the day of the date hereof, until the day of , which will be in the year of our Lord one thousand eight hundred and . , at which time the said C. 3- if he should be living, will be twentv-one years of age. During all which time or term, the said apprentice his said master shall well and faithfully serve, his secrets keep, and all his lawful commands^ every where at all times lawfully obey; he shall, do no damage to his said master nor wilfully suffer any to be done by others; and if any Sect. 4. Paupers. il5 to his knowledge be intended, be sball give his mas- ter seasonable notice thereof. He, shall not waste the goods of his said master, por lend them unlaw- fully to any; at cards, dice or any unlawful game he shall not play; fornication he shall not commit^ nor matrimony contract during the said term; tav- erns, grogshops or places of gaming he shall not, haunt or frequent; from the service of his said master he shall not absent himself, but in all things and at all times he shall carry and behave himself, as a good and faithful apprentice ought during tl)e whole time or term afoiesaid. And the said R. P. on his part, doth hereby prom-« ise, covenant and agree to teach and instruct the said apprentice, or cause him to be taught and instructed in the art| tradp and calling ot a by the best way or means he can, and also to teach and instruct the said apprentice, or cause him to be taught and in- structe(i to read, write, and cypher as far as the rule of three, if the said apprentice be capable to learn, and shall well and faithfully find and ^provide for the said apprentice good and sufficient meat, drink, cloth- ' ing, lodging and other necessaries fit and convenient for such an apprentice during the term aforesaid; and at the expiration thereof, shall give unto the said ap- prentice two suits of apparel, one suitable for the Lord's days and the other for working days. And such other instruction, benefit and allowance, either with- in or at thjQ end of said term, as to the said over- seers may seem fit and reasonable. In testimony, &c. , B. T. &seal. P.W.&seaJ, « S. M. ir seal. R. P. & seal. . * ' tl6 Pavipen. Sect. 5, 6. SECTION 5. or PAUPERS HAYIKG NO SETTLEMENT IN ANT TOWIX Uf THIS STATE. The statute of December Id, 1828, sectiOD 9, enacts, '4hat when any person not an inhabitant ot any town in this state, nor by the laws thereof the proper chargpe of any town or person in the same, shall stand in need of relief, the overseers of the poor of the town wliere sach poor person shall be, shall relieve and maintain* snch person and shall within one year from the time of the relief so afforded, or within six months after the termi- nation of any suit which may be commenced within said term of one year agaln^ any town or person for the re- covery of the claim for . the relief so afforded, lay the account thereof before the justices of the court of com- mon pleaa in the county where such town is, and the said justices shall allow such sum as they may think reason- able, to be paid out of the treasury of said county.^^ ^That when any town in this state may cease to be organized as a town, a^ll paupers who may have a legal settlement in such town and who have no relations by law bound to support them, , shall be maintained by the county in which such town is situated, until the same shall be re-organized.^' SECTION 6. or PAUPERS HAYING RELATIONS OF SUFFICIENT ABILI- TY TO MAINTAIN THEM. The statute of December 16, 1828, section 10, enacts, 'Uhat the relations of any poor person standing in need of relief in the line of father or grandfather, mother or grandmother, children or grandchildren, of sufficient a- bility, shall be liable to maintain him or her, when stand* ing in need of relief. And in case any one so standfing in need of relief have no such relations of sufficient abili- Sect. d. Paupers. 217 ty, then ihe towQ in this state where such poor person has his or her legal settlement^xshall be liable for his or her support or maintenance.'^ The only question, that is known to have arisen upon the subject of this clause in the statute, has beep, who is to be considered of sufficient ability ? In the case of Jfewport vs. Eastman^ in thd county of Cheshire, Octo- ber term, 1824^ it was ruled, that a farmer, having real eststte of the value of ^2000^ and indebted to the amount of ^1400, if only able from the produce of his farm with his own labor and the assistance of his family, to main- tain himself, bis wife and children, and pay the interest of his debts annually, and no more, was not to be deein- ed of sufficient ability, within the intent of the statute, and was not bound to support his parents. In the case of Walpolt vs. Marlow^ in the^ county of Cheshire, May term, 1821, Mr% Justice Woodbitrt laid down the following rule on this subject : ^^ A relation who, without breaking up his own family, without a change of his professional pursuits, or of his accustomed style of living and without any hazard to the probable maintenance for life of himself and dependents, can con- tribute to a pauperis relief, is certainly a relation of suf- ficient ability. It matters not whether the ability be de- rived from a surplus of annual income or of fixed capital, either personal or real. On the other hand, a relation who cannot thus contribute without incurring some of those sacrifices and dangers, is certainly destituta of sat- ficient ability •'' .20 S16 PoMpaSm Sgct. 7. SECTION 7. OF BU9GOr« POOR FBRSOHB OSTO THE STATE WITH HT- TCBT TO LEATE THEM, AKD OF BSIH6IH6 JJXD I.KAT- 06 UTAirr COUHTT FOOR FERSOHS FROMAHOTHER COUHTT. The statute of December 16, 1828, section 12, enacts, *^ that if aoj person or persons shall bring and leave, or bring with intent to leave, any pauper, or poor and indi- gent porson or persons having no Tidble means of sup- port, into anj coootj in thb state, from any other coimtj In which such paoper or poor person or persons may haTe been supported and maintained, or hare resided, such pauper^r poor person or persons not having a legal set- tlement in any town, nor any relation to whom sach pau- per or poor person may be chargeable for his or lier maintcos^nce, within the coaoty into which sach pauper or poor person may be brought, knowing him, her or them to be such, the person or persons so offending flaay be indicted for such offence, and on conviction thereof shall be fined in a sum not exceeding two hundred dollars nor less than thirty dollars for the use of the county in which such offence may be committed, or imprison- ed not exceeding six months, at the discretion of the cqurt. And such pauper or poc r person shall be removed by order of court into the county from which he or she may have been brought^' ^^ That from and after the passing of this act, if any per- son or persons shall bring and leave, or bring with intent to leave, any pauper, poor and indigent person or persons having no visible means of support, from any other state, into any town or place in this state, who shall not have any legal settlement within this state, knowing him, her or them to be such, shall forfeit and pay for every such of- fence a sum not exceeding three hundred dollars, nor less than fifty dollars, at the discretion of the court before whom the same i^ tried ; to be sued for and recovered by action of debt before any court proper to try the same, one moiety of which shall be To the\ise of any person or per» sons who may sue for the same, and the other moiety to the use of the fltate.^' Sect. 8. Paupers, fl9' SECTIONS. OP THE SUPPORT OP PAUPERS BY TOWNS, AND* OP THE MODE OF 9BTAININ6 INDEMNITY WHEN THE PAUPERS HATE RELATIONS ' WHO ARE BOUNSi TO MArNTAil^ THEM, OR HAVE SETTLEMENTS IN OTHER TOWNS. The Statute of December 16, 1828, section 1 1, enacts, ^Hhat when anj person in any town in this state shall be poor and unable to mjaintain him or herself, such person ' shall be relieved and maintained by the overseers of the poor of the town where sach, person shall happen to be. And in case such towii is not by law chargeable with the maintenance of snch poor person, they may by action re» cover of the town or person chargeable by law with the maintenance of such poor person all such sums as they shall have expended in (he maintenance of such person. Provided^ that in all cases notice in writing, signed by the major part of the selectmen or . overseers of the poor and stating the sums expended by them for the relief of sach poor person or persons shall b^ given in the man- ner hereinafter mentioned^ to the town, or to the select- men or overseers of the poor of the town, or to the per- son chargeable hy law with the maintenance of such poor person or persons. And such notice shall be served upon the town, or upon the selectmen or overseers of the poor of the town^ that may be so chargeable, by the sheriff of the county or his deputy, by leaving an attest- ted copy of sach notice with his return thereon with pne at least of the selectmen or overseers of the poor and with the clerk of such town ; and upon any person who may be chargeable as aforesaid, by giving him or her an attested copy of the notice Aith his return thereon, or by leaving an attested copy thereof at his or her last and usual place of abode. And the sheriff or his deputy serving the same shall within twenty days from the ser- vice thereof make a return of the original notice with his doings therein to the clerk of the court of common pleas in the county in which the town or person chargea- ble may be, and shall receive the same fees for his trav- el and service as by law are allowed for serving writs. And no action shall be sustained against any town or per- , I I J20 ^ Paupers. Sect- S. son for any sums expended as aforesaid, unless previoos to the commencement thereof such tiotice shall have \ heen given in the manner aforesaid. Provided alao^ that DO action shall be sustained unless commenced withia three years from tne time of the service of such notice upon the town or person chargeable for the relief of such poor person or persons, nor for any sum that may haf e been expended more toan ninety days previous to the time of giving notice as aforesaid.'^ Form of a notice to a town thai a pauper has beeifi matn- tainedy ^c. STATE OF NEW-HAMFSHIR^. To the town of Concord in the courUy of Merrimack. You are hereby notified, that on the first day of January last past, A. B. then and ever since a person poor and unable to maintain himself, and having his settlement in said town of Concord, was Relieved, and has ever since been supported by the town of Ches- ter, in the county of Rockingham : and the sums ex- peifded by the said town of Chester for the relief of the^aid A. B. since the first day of January, are as follows : [Here skUe the sums expended.'^ C. D.) SeUctmen E. P. V of WvJ^rL^ ^. . Q.H.S Chester. A pauper for whose support provision was made in the town of VV. in which she had a settlement, went into the adjoining town of N. S. and there expenses were incurred for her support, although the pauper herself, the person with whom she there resided and the town all knew that a place was provided for her in W. to whicli she was s- ble to walk without difficulty. It was held that N. S. could not recover of W. for these expenses. 2 Pickering ZilyJ^eW'Salmn vs. Wendell 9ic7< 9. Pauptn. 2f I SECTION 9. OF THE SETTLEMENT OF THE P60R. I ]. Of seiilements gained under the Provincial actdf 5 Ge§. I. cap. 87 y sec, 9. By this statute it was enacted, ^^ that if any person or persons come to sojourn or dwell in any town, &c. , anJ be there received and entertained by the space of three months, not having been warned by the constable, or otfa* er person, whom the selectmen shall appoint for that endy to leave the place, and the names of such persons with the time of their abode there, and when such waming* ' was. given them, returned unto the court of quarter ses- sions, every such person shall be reputed an inhabitant of such town, &c.'and the proper charge of the same. Pro' vided nevertheless^ this act shall not be understood ot any person committed to prison, or lawfully restrained in any town, or of such as shall come or be sent for nursing or education, or to any physician, &c. to be healed or cur- ed." £y the provincial act of 11 Geo. III. chap. 147, it was enacted, ^< that from and after the first day of July^ext, no person or persons shall gain a settlement in any toivn, ' kc. by dwelling ther«»in without being warned out accord* ing to law, for any term of tjme less than one year." This last act went into opeiation on the first day of Ju- ly, 1771. The provincial act of 6 Geo. 1. was passed in the year 1719. Thus it seems, that previous to the 1st July, 1771, a residence of three months without being warned to depart, gave a settlement. But subsequent to that time a yearns residence was necessary. Upon these statutes the /oHo wing jioints have been de- cided. 1. la order to make the wamlng;iralid, it was necessa-^ ry that the warrant should be returned to the court of. sessions within the time specified in the statute. Thuti previous to the let July, 1771^ it must have been retvn^ 20* .^^ •*■ 2S2 Paupert. Sect. 9. ed within three months from the commencement of the pauper's residence ; bat subsequent to that time, it was sufficient'if returned within a year from the commence- ment of the pauper's residence. 1 JV. H. R. 260, Bom tb, ^otiingham. — $ A*. H, R. 242, Norihwood vs. DtcrAom. 2. The warning was void, unless the names of the per- sons yarned, the time of their abode in the place and when the warning was given, appeared in the warrant, or in the return of |he person who served it. 1 Jf.H. R. 13^ Loudon ys. Deering. — 10 Mass.R, 506, Hamilton vs. Ipswich, 3. A warning of a pauper and ** his family^' was suffi- cient to prevent his wife and unemancipated children from gaining a settle ment, although not named in the war- rant or return. 2 Al H. R. 242, J^orthwood vs. Durham. 3 Mats. R, 522, Shirley vs. Watertown. 4. If a person had been duly ivarned to depart from a town so as to prevent his gaining a settlement in ||such town, and after the warning removed from the town with- out an intention of returning, continuing long enough to have gained a new settlement, and afterwards came back and dwelt in the town he had been warned to leave, he must have been again warned to depart, or he would have gained a/settlement 4 Mass. R, 131, Chelsea vs Maiden. - 5. A person who hired a house in a town, but before the removal of his family into it he went abroad, and io his absence his family removed into it and were not warn- ed to depart in due season, gained a settlement in the town where his family thus resided. ' 14 Mass. Rep. S63, Hardwiek vs. Roynham. 6. A person non compos mentis was capable of gaining a settlement by residence without being warned to departs Hampstead vs. Enfield. Rockingham^ Septmher T. 1822, I Sser. 9. Paigurs* 229 7. lathe case of Concord ys. Stratham^ Rockingham, Nov. term,! 814, it was decided, that whert'the time of the pauperis abode in the town appearied only in the return of the person who seryed the warrant, it was sufficient 8. An infant, not emancipated, could not gain a settle' ment under this statute, although not warned to depart-^ SAlfl. ii. 472. IL Of Mettlements gained under the ttatute of February 15, 1791. By this statute it was enacted, ^' that every person who hath lived one year in any town or place, shall be deem- ed an inhabitant of such town or place, unless some time witnin such year and before the expiration thereof such pei-son shall have been by warrant from the selectmen of such, town or place, directed to any constable^ thereof or other person to whom tkey may think proper to direct the same, warned to depart from such town or place, and the said warrant and the return of such warning made by the person to whom directed within the time aforesaid, returned to the clerk of the court of general sessions of the peace in the same county and put on file, which shall always be done by said clerk, and a minute thereon made of the time of receiving th^ same. Provided always^ that nothing in this section contained shall be construed, to ex- tend to persons committed or lawfully restrained in any town, or to such as shall be sent for educatiou, or to any physician to be healed or cured.^' This statute went into operation on the 15th Septem- ber, 1792, at which time the Provincial acts on the same subject ceased to be law. Upon the statute of February 16, 1791, it has been de- dded, 1. It was not necessary that the warrant to warn a per- son to depart from a town should be under seal. 2 Jf, H. Rep. 406. t24 Paupwi, Sect. 9. , t. A warrant ngned by the town clerk by order of the selectmen was safficient. 2 A". H. R. 406, Peterborough TS. Temple. 3. It was not necessary that the time of the paaper's abode in the town should ap|>ear either in the warrant or in the¥etam. 2 JV. H. R. 102, ExeUr vs. Stratkam. 4. The validity of all warnings to persons ta leave towns, given at any time within a year next before the . 16th September, 1792, aie to be determined by the atat- nte ef February 15, 1791. ^ N. H. R. 102, Exeter vs. Strathaint 6. A person sent into a town under indentures to learn the art of husbandry, is to be considered as a person sent for education, within the meaning of the proviso of this statute. 3 ^. J7. R. 83, Barringion vs. Gilmanien^ 6. Where a warrant directed the constab\e to warn Dor vid BaU to depart from a town, and the constable warned Ebenezer BaH^ who was in truth the person intended in the warrant, it was held that the warning was of no valid- ity. 7. An infant not emancipated conld not gain a settle- ment under the statute, although not warned to deparU — .3 A", ft B. 472. III. Of teUkmenU gained under ike $tatute of January 1, 1796. By this statute it is enacted, " that legal settlements in any town or district within this state, diall be hereafter gained so as to oblige such town or district to support the persons gaining the same, if they b'ecome poor and unable to support themselves, by the ways and means following, and not otherwise. 1. A married woman shall have the settlement of her husbuid, if any he have within the state, but if otherwise,, her own, if any Ihe had at the time of marriage, shall npt Skct. 9. P Pauperi. Sect. 9. 7. Upon diyidoD of towns or districts, erery person haying a settlement in either of them, bat being remoy- ed therefrom at the time of such division, and not hay- ing gained a settlement elsewhere, shall have a settle- ment in t^at town or district wherein Lis former dwell- ing place or home shall be npon such division. And when any new town or district shall be incorporated, composed of one or more old incorporated towns or dis- tricts, all persons settled in the town or towns, district or districts, of which such new town or district is oompos- ed, and who shall actually dwell and have their homes within the limits of such new town or district at the time of its incorporation, shall thereby gain a settlement in such new town or district. Provided^ nevertheless^ that no person residing in that part of any town or district which upon such division shall be incorporated into a new town or district, having then no settlement therein, shall gain any by force of such incorporation ; nor shall such incor- poration prevent his gaining a settlement therein, within the time and by the me^ns by which he would have gain- ed a settlement there If no such division had beeo made. 8. Any person of the age of twenty-one years, who shall hereafter reside in any town or district within this state, and being taxed for his poll for the term of seven years, shall pay all taxes legally assessed on his poll and estate during the said term, shall be an inhabitant in said town or district. And eyery legal settlement heretofore gained, or which shall be gained by force of this act, shall continue until lost or defeated by gaining a new one ; and upon gaining a new settlement, all former set- tlements shall be lost." In relation (o this statute the following points are con- sidered as settled. ^ , 1. As to the first mode of gaining a settlement, it has been held, that a iQarrlage of a man having a legal set- tlement in this state, giyes such settlement to Ids wife, whether the marriage was solemnized in this state or not. 9 Mass. R, 201, Dalton vs. Barnardston, It has also been he Id, that a settlement, which a woman gain by marriage, is not lost by a divorce, unless for a SscT. 9. Pdupert. 2^7 cause which sbewft^ the marriage to have been Toid. 9 Mois.R. 201. A woman, who marries a man who^is non compos meniiB at the time of the marriage, does not thereby change the place of her settlement, such a marriage not being valid to any intent. 12 Mass. R. 363, MiddUboravgh vs. Rachesterm 2. In relation to the second mode of gaining a settle- ment, it has been held that children follow the settlement of their parents until the children are emancipated. Chil- dren are emancipated when the parent ceases to have the control of them and the right to their services. Thus they are emancipated when they arrive at the age of twenty- one years, although they continue to reside with tl^eir parents. 4 Mass. R. 493, Springfield vs. Wilbraham. . A daughter under the age of twenty-one years is eman- cipated by marriage. IS Mass. Rep, 409^ Charlestown-^B. Boston. But a son under that age is not emancipated by marriage. 16 Mass. Rep. ^3, Taunton vs. Plymouth. A person non compos mentis does not become emancipa- ted at the age of twenty-one years. 15 Mass. Rep. S37, Upton vs. JVorthbri^ge. — 3 Pickering 173. At the common law, the settlement of a widow acquir- ed by her after the death of her husband^ is communica- ted to her infant children. 16 Mass. R, 135, Dedham vs. J^oiiefc. But at common law, a settlement gained by a widow by a second marriage is not communicated to her childien. 16 Mass. R. ^, Freetown vs. Taunton. It has however been held in Massachusetts, that under the pro- vision of a statute similar to that of this state, legitimate children under age having the settlement of their moth- er, acquire a new settlement which she gains by another , marriage. 1 Pickering 197, Plymouth vs. FreeUywn. tt8 PoMpen. Sect. 9. Id some cafes a minor may be emancipated bj god- tracting a relation inconsistent with liis being in a eabor- dinate situation in his father^s family, as by enlistingr into the service of the United States as a soldier. ^ D. ^ E, 55S, WiUon vs. TvManbrooket.—B D. ^ E. 479, The Kmg YS. Wohum. — Z BunCi Jtutiee^ 361. It is a general mle that children shall be considered as emancipated when they arrive at the age of twentj-one years. Bat when they are .compelled to remain longer with a parent on acconnt of infirmity of body or miod, so long as they so remain, they are not to be considered as emancipated. 3 JV. H, K 331, Orjord vs. Rumney. A child is not emancipated by going to reside with a stranger under a contract between the father of the child and the stranger, that he shall continue with the latter until he arrive at the age of twenty-one yean. 3 A*. H. R. 472, Tamworth vs. ffew-Market. 3. As to the third mode of gaining a settlement, it has been decided in Massachusetts, upon a statute containing a provision of the same import as this in our statute, that ^ an illegitimate child retains the settlement of its mother at the time of its birth, until it acquires one by some act of its own, and does not change its settlement with the mother, if she acquire a new one. 13 Mass. Rep, 381, Boylesion vs. Pnncelait.-^l Ptc^mi^ 144, Fitchburg rs. WatmiH$ier.—l^ Mats^R. 429.— Bum^j Justice 347, 365. 3 JV. H. R. 316, Dorchester vs. Deerfield. 4. As to the fourth mode of gaining a settlement, it has been decided, that a person, in order to gain a settlement in this way, must have an estate of freehold at least ei- thei by lawful title or by disseizin. 1 JV, H. Rep. 62, Charlestawn vs. Acworth. But a right in equity to redeem land has been settled to be real estate, within the mean- ing of thii clause in the statute. 2 ff. B. R. 401, Aem- Sect. 9» Paupen. 229 luondon y9. SuUon.-^^.Mass. R. 50. — 1 1 Mast. R. 327.-— 2 Pickering 29, Orleans vs. Chatham. "TfiG freehold of a husb^ad in the right of his wife. Is real estate within this clause of the statute. 4 Mass,^R, 3&4, Windham vs. Portland.. A citizen must dwell in the town the same four years that he holds the real estate, to gain a settlement in (his mode. 14 MAss. R. 384, Boston ts. Wells. Where a pauper had resided io a town the necessary time to gain a settlement in this mode, but a portion ot the* time was previous to the passage of the statute, lie was held not to gain a settlement. 1 Pickering 154, Rut" land vs. Mendon. To gain a settlcmient under this clause in the statute, the person must be owner of real estate of the value of ^150, or of personal estate oi the value of ^250, the tall term of fcux years. 3 JST. H, R. 378, Wakefield vs. Mon. 5« In relation to the fifth mode of gaining a settlement, it was decided in the case of New- Ipswich vs. Alstead^ in thecQonty of Hillsborough, December term,. 1815, thajl where* a.person had been chosen collector and constable in a town, but before the end of the year removed from the town, he die) not gain a settlement. So a person who was chosen surveyor of highways in a town and accepted the oflke, but before the expiration of the year for which he was chosen removed to another town, was held not to gain a settlement. 2 JV. H. R. 295, Acworih vs. LyndtborQugh. The year intended by this clause in the statute is th^ municipal year, or from one election to another. 12 Muss, JR. 262, Paris vs. Hiram. A person who is chosen constable gains no iettlefneot i»y virtue bf tht choice, if within the year be is com* mitted to prison in another town. 12 Mass. R. «S62. 21 ISO Paupers, Sectt. 9. To gaiD a flettlement in this mode, a persos mast dwell Id a town the whole year in which he serves as a to wo officer. 1 Piekmng 129, Barre Yn. Greenwich. By the statute of 1816, chap. 10, it is enacted, ^^ that any person who shaU he admitted an inhahitant by any town or district at a legal meeting, in the warrant for which an article shall be inserted for that purpose, or shall be chosen and actually sehre one year in the office of clerk, treasurer, selectman, or overseer of the poor, being duly elected thereto in any town, lie. shall thereby gain a settlement in said town.^^ By this statute the fifth mode of gaining a settlement in the statute of January !, 1796, was repealed : so that, since the 25i]i December,! 8 16, when the last statute was passed, a settlement could be gained by serving in no o^ fice but that of clerk, treasurer, selectman or overseer of the poor. 6. As to the sixth mode of gaining a settlement, it has ^ been decided, that this clause in the statute was only an affirmance of the law as it stood before the 1st January, 1796. 3 A". H. R. 303, Mann vs. Alexandria. 7. As to the seventh mode of gaining a settlement, it has been held, that when part of an existing town is de- tached and annexed to another existing tofvn, th^ iohab- itants of such pait having a settlement in the town from which they are detached, acquire bj* such annexation a settlement in the town to which they are annexed. 7 Masi. R. 156, Groton vs. Shirley. It has been held, that' before this statute was passed, when the territory of which a new town was composed was before the incorporation an unincorporated place, the incorporation gave the inhabitants a legal settlement. 4 Mass. R. 452, Bath vs. Bowdoin.S Mate. R. 445. / Sect. 9. Pavpers, 231 Where a pauper actaally scipported by an old town re. sided in tbat part of the old town which was incorporat- ed into a new town at the time thie new town was incor- porated, it was held that the paaper gained no settlement in the new town by the act of incorporation. 3 VV. H. R. 71, JSex«hChfi9ter vs. Bristol. i 8. As to the eighth mode of gaining a settlement; On this clause in the statute it has been decided) that a person to gain a settlement must bd taxed for his poll > for the term of seven years, residence alone Bot'being sufficient, d JV. H. R. £03, Weare vs. New-Boston. Qn the last clause in this statute it has been held, that a settlement gained in a town in this state is not lost by th\e pauperis removing to another state and there gaining a settlement. 2 JV. H, R. 131, Hanover vs. Weaft. IV. Of settlements gained under the statute of December 16, 1828. « This statute enacts, "tbat legal settlements in any town in this state shall be gained so as, to oblige such town to support the persons gaining the same, if they become poor and unable to support themseltes, by the ways and means following, and not otherwise. 1. A married woman shall have the settlement of her husband if any he have within this state, but if otherwise, her own if any she had at the time of marriage shall not be lost or suspended by such ncarriage, unless she shall have gained a legal settlement elsewhere ; and in case no such settlement shallbe by her gained after mar- riage, and she shall become poor and be supported at the cost and charge of the town of her settlement at the time of such marriage^ the husband being poor and need- ing relief, he shall be supported in the same town, but at the charge of the county. 2. Legitimate children shall have the settlement of their father, if lie shall have any within this state, until they gain » settlement of their own, but if he shall have Paupen. Sect. 9. DODe, they sball have the SPttlemeDt of (heir mother, if the shall have aoy. 3. Illegitimate children shall have the settlement of their mother at the time of their birth, if she shall have any within this state ; hut neither legitimate nor illeg'iti- mate children shall gain a settlement by birth in ainj place where tbey may be bom, if neither of their parents shall then have a settlement there. 4. Any person of the age of twenty-one years, having real estate of- the value of one hundred and fifly dollars, or personal estate of the value of two hundred and fifty dollars, in the town where he dwells and has his home, and for the term of four years in succession, paying all taxes duly assessed on his poll and estate aforesaid, shall thereby gain a settlement in such town. 5. Any person who shall be admitted an inhabitant by any town at a legal meeting, in the warrant for wLich an article shall be inserted for the purpose, or shall be chosen and actually serve one year in the office of clerk, treasurer, selectman, or overseer of the poor, being thereto duly elected In any town in this state, shall there- by gain a settlement in such town. 6. All persons dwelling and Having their homes in any unincorporated place at the time when the s^ame shall be incorporated into a town, shall thereby gain a settlement therein. 7. Upon division of towns, every person having a set- . tiement in them, but being removed therefrom at the time of such division, and not having gained a settlement elsewhere, shall have his settlement in that town where- in his former home or dwelling place shall be upon such division. And when an} new town shall be incorporated composed of one or more old towns, all persons settled in either of the towns of which such new town is compos- ed, and who shall uctuAlly dwell and have their homes within the limits of such new town at the time of its in* corporation, shall thereby gain a settlement in such new town. Provided^ nevertkeless^ that no person residing in that part of any town which upon such division shall be incorporated into a new town, hrving then no settloment therein, shall gain any by force of such incorpora^tion. ; Sect; ftf. Faupen. ^ $33 nor shall suish incorporation prevent his gaining a settle- ment therein within the time and by. the means by which he woold have -gained a settlement there if no sach divi- sion bad been made. 8. Any person of the age of twenty-one years who flh^ll hereafter reside in any town in this state, and being taxed for his poll for the term of seven years in success sion, shall pay all taxes duty assessed on his poll and es* tate during the said term, shall be an inhabitant In such town. And every legal settlement heretofore gained, or which shall be gained by force of this act, shall continue until lost by gaining a new one, and upon gaining a nerfv one, all former settlements shall be lost." SECTION 10. OF THE ANNUAL RETURNS OF THE STATET OF PAUFEft- ISM IN TOWNS. The statute of July 2, 1823, enacts, *« t*at the over- seers of the poor shall annually make out a statement and account of tl»e names and expenses of the paupers i» their respective towns for the year ending before or within the month of March, which st^itement and account shall contain as near as >may be the age of the respective paupers, the sums expended on each, the cause of their being unable to support themselves, as idiocy, distraction,, age, infirmity of body or mind, idlebess, vipious habit^ sod when intemperance is an accompanyingL cause, it shall always be meeiioned ; and the said account shall slU so distinguish the county paupers and those who are not supposed to have their settlement in the town, irom those . whoare the proper charge thereof, and shall set forth^ ihe^sums*expei)ded in prosecuting and defending suitslsi t34 Taxei. Secv. 1. relation to the poor^ and the mode a<|o|ited for the sup- port of the poor. And the statement and account so oavde oat shall be signed by the 9aid overseers and by them be forwarded to the secretary of state on or before the &nt Wednesday of June annually." ^^ That it shall be the duty of the secretary to receive such I'eturns and to preserve them on file in his office al- phabeticallj by counties, and to report to the legislature at their Juno session the names of the towns where fluch returns are delinquent." CHAP. XXXIY. OF THB ASSXISS»CBKT ASTB OOZABOTZOar OF TAZBS. Section 1.-*-^0f the assessment of taxes. The statute of July 7, 1827, entitled " an act for es- tablishing an equitable method of makiiYg taxes,'' enacts, ^^that the inhabitants of the several towns in this state shall annually exhibit to the selectmen a just aQ4 true account of their pulls and estates ratable by law. And the selectmen shall give warning at some public meeting, or post up advertisements at some public place or places in their town^ or in some other fvay g^ve no- tice to the inhabitants of the time and place in the toirn, when and where they -will meet to receive such accoant ; or the selectmen may make personal application to the respective inhabitants of the town for an account of their polls and ratable estate, or in 'any manner the town at a legal meeting may direct. And the said invoice shall be taken of what the respective iohaibitants had and possess- ed on the first day of April, and shall be taken sometime . 1. Taxei. « . . ^6 in the same month. And in case aoj person Bhall re- move from any town, on or after tUe first d^ of April, iie shall pay his taxes that year in the town from which he removed. And if any person shall neglect after heing duly notified, or shall refuse w^en called upon in person by any of the selectmen, to give a true account of his poll and ratable estate, on oath if required, which oath any selectman is herieby empowered to administer ; the selectpaen may set down to such peison or persons, afl much by way of doomage as they shall judge equitable, and make the assessment accordingly ; which shall not be abated by the court of common pleas, unless in cases mrhere the person is unable to exhibit a particular ac- . count and shall make oath that such is the real case^ and that he has, used every endeavor in his power to enable him to make out such account." ^^ That if any person in giving account to the select- .men of his estate ratable by law, shall not give in the whole of his estate so ratable, but shall conceal some part thereof from the knowledge of such selectmeui they may for any eistate so concealed and not g^ven in, up- on discovery of the fraud, rate such person in all taxes of ths^t year, four times as much as such estate,* if given In by the owner, woaldby law have been rated or tax* ed." '^ That the selectmen of the several towns in this state be, and (lercby are, empowered^ either, personally or in wilting, to demand of the cashier or other principal offi- cer «f any # bank incorporated by and acting under the authority of this state, an account in writing of all the shares in such bank, and their amount in value owned by any inhab^aot or resident of the town of which the per- sons so applying aie then selectmen. And it is hereby made the duty of such cashier or principal officer, on such application to furnish at said bank such applicants with an account in writibg of all the shrj^s i^id their amount in value, which shall then be owneoin said bank, by any inhabitant or resident of the town of which such applicants may be selectmen, within four days from the tim6 of sucl\ application^" '^ That if any cashier or other principal officer of any bank to whom any selectmen may make application ttS TaM$. Skct. I. «s aforesaid, for the purpose aforesaid, shall neglect or refuse to furnish such selectmen with an account of all the shares owned by any inhabitants or residents of the respective towns of which said applicants shall then he the selectmen, said cashier or principal officer shali for- feit and 'pay lor such refusal or neglect, a sum not less than one hundred dollars, nor more than four hundred dollars, to be recovered by ^n action of debt, in the name and for the use of the town of which such appli- cants shall be selectmen.'' '* That the ratable estate belonging to any ooannfac- taring company or corporation in this state shall hereaf- ter he taxed to such company or corporation by its cor^ porate name, and in the town or place wherein snch ratable estate is situated ; and the personal estate of such corporation or company shaU be held subject and liable to distraint and sale for the payment of all taxes which may be on such corporation or company assessed, in the same way or manner as the personal estate of individ* uals is or may be by law liable, Atid in assessing pablic taxes on any manufacturing coroparfy or corporation in this state, all raw materials intended for manufacture, and all manufactures belonging to such corporation or company, shall be estimated and taxed as stock in trade ; all factory buildings and work shops with the machinery thereunto appertaining, and ail other buildings belonging to and owned by any such corporation or company, shall be estimated and taxed a» buildings, and all other ratable estate of such corpora the first day of April in each year, at the average value thereof fbr the year. And in case any such clerk, agent ec directors shall neglect^ after being, dulj> notified^ ob: Sect. 1. Taxa. 237* shall refuse when any of the selectmen shdil call upon bim in person to give a true account on oath, it* required, of the ratable estate of such mt^nufacturing company or corporation, which oath any selectman is hereby empow- ered to administer, or in case sOch clerk, agent or direc- tors, in giving ^n account of the ratable estate of such company or corporation, shall not give in the whole thereof so ratable, but shall fraudulently conceal some part thereof from the knowledgje of such selectmen, Ihey may for such neglect or refusal doom, or for such fraudu- lent concealment, assess puch company or corporation in the same way and manner, acd at the same rate as they may by law doom and assess an individual for such neg- lect or refusal, and for such fraudulent concealment of a part of his ratable estate." *^ That when any n/hnufactory shall be owned by any individual or individuals not incorporated, the same shall be taxed to the owner or owners in the town where the said factory is situated, at the same rates as are prescribed in this act for assessing manufacturing corporations." ^* That all stallions and other horses and mares, all jacks and mules, all oxen, cows, and other neat stock tax- able by law, kept in any town in this state, and all stock in trade employed in any town owned by any person or persons not residing in the town where any such proper- ty may be kept or employed, shall be taxed to the person or persons haying the care thereof, on the first day of April, in the town where the same may be so kept or em- ployed. And the property thus taxed shtill be holden for the payment of all taxes duly assessed thereon. And the person having the care pf such property on the first day of April shall give the selectmen of any such town a true account thereof, and for neglecting or refusing so to do,, shall be subject to the same penalties as by law are imposed upon those who neglect or refuse to give such account of their own property ; and the owner there- of shall not be taxed therefor in the town where he may reside. And any person or persons so having the care of such property, and having been taxed therefor, shall have aright to retain the same, until the taxes assessed there- on, shall be paid ; and having paid any tax thereon assess- ed, shall have a righl to recover the amount of the tax SS8 Tttxei. Sbot. 1. to paid of the owners of the property in an action for money paid/' ^^ That the guardians of minors, of idiots, of distracted persons, or persons non compos mentisj and of idle persons, shall annually exhibit to the selectmen of the respectiye towns in this stat^ a just and true account of the ratable estates of their respective wards, in Ihe same way and manner as the inhabitants of towns are required by law to exhibit an account of their own ratable estates. And it shall be the duty of' the guardians to pay all taxes le- gally assessed on their wards, and the taxes by them so 'paid shall be allowed on settlement of their guardianship accounts. Provided nevertheless^' ihoX it shall be the duty of the selectmen to make such deductions from the in- ▼entories of the estates of distracted persons and persons non tompos mentis, as they shall think just and reasons* ble, whenever it shall appear that the income of their estates is insufficient to support them." ^^ That all rates and taxes shall be made and assessed in proportion to the amount of each person's poll and ratable estate. And all persona^l estate, and all buildings and real estate shall be taxed to the person claiming the same, or to the person who is in possession end actual occupancy thereof : and such real estate so taxed shall be holden and liable for the taxes thereon assessed.; and when the owner of any land and personal estate shall have deceased, the same may be taxe^ to the widow, any of the children, heirs, or any other person who will con- sent to be considered, as in possession thereof ; but if no person will consent to be taxed therefor, the saofie shall be taxed generally to the heirs of such deceased person ; and when any person shall be living in any house or on any farm on the first day of April, and shall not be the owner thereof, and shall refuse to give the same' unto the selectmen as his estate, ' the same shall be particularly described in the tax bill as under the occupant on the first day of April who shall be named, and the number of acres as near as may be estimated, the number of the lots or such other description shall be given as the said land, farm or building are commonly known by ; and in case no person shall be in actual possession of any house which is in the judgment of the selectmen teoan table, or any real estate improved as pasture, mowing, arable Skot.I. Taxu. 939 or otherwise, and the sam^ shall not he owned hj any inhabitant or resident in 'such town^ the said house and land shall he particularly descrihed as aforesaid, and shall be taxed in such list without mentioning the owner, un- le S9 hebe known to the selectmen, in which case his namd shall be mentioned.'^ ^* That the selectmen and assessors of the several towns and places in this state be, and they are hereby authorized, empowered, and required seasonably in ev- ery year to assess the polls and estates in their respec- tive towns and places, according to the rules and direc- tions of the law, their just and >equal proportion of a|l sums of money granted by the general court, for which they shall have a warrant under the hapd and seal of the treasurer of the state, ^nd their proportion of all sum^ of money legally voted to be raised to defray county . charges, for which they shall have a warrant under the hand and seal of the treasurer of the same county ; and all such sums of money as shall be legally voted to be raised at a town meeting of the inhabitants of their town duly holden ; and they shall also assess the polls and es» tates in such town all f uch sums of money as they may by any law of this state be authorized and empowered to assess. And the selectmen or assessors may from time to time, if they judge it necessary and convenient in assessing any tax whatever, assess a sum over and above the sum required to be assessed, not exceeding five per cent, upon the sum, to answer any abatements thai may be necessary in collecting such taxes ; which sum so assessed above the sum required shall be paid into the town treasury for the use of the town or place. And the selectmen shall make lists of all such assessments un- der their hands, and commit the same unto the collector or collectors of their respective towns with a warrant under their hands and seal in due form of law ; and in such lists shall be set down and expressed the names of all the inhabitants or residents therein taxed for their polls and'estates or estates only, and their several pro- portions of each tax. And the said selectmen shall cause a fair entry and record to be made of all invoices by them taken and assessments by tbem made in a hook of records of the doings and proceedings of the selectmen in their * said ojQSce, which book shall be the property of, and ft40 Taxesn Sect. 1. •hall be open to any of tbe inhabitants of, the town. And the said selectmen shall also have their assessments recorded hy the town clerk in the book of records be- longing to the town, or shall leave an attested copy with him seasonably for that purpose, and a copy of the in- voice from which the assessment was made shall be re- corded or left with the town clerk in manner aforesaid, that the inhabitants and others rated may inspect the •ame.^' '* That the selectmen of every town shall seasonably return to the respective treasurers or persons to whom they shall order the collector to pay any sum or sums of money the name or names of the collector or collectors in their respective towns, with an account of the surns he is ordered to collect and pay to them respectively, and date of the warrants given to him for that purpose, and the time when he was ordered to pay the same to the res- pective treasurers aforesaid." / •'That if the selectmen of any town or place in this state, having received the state or county treasurer's warranf requiring thtm assess any sum or sums of money on the polls and estates within their respective tofvns, shall neglect to assess the same within the time, in the manner accordi'^g to the direclions given in such war- rants, the same being agreeable to law, the persons and estates of such seleclnncn shall be liable and hereby are subjected to be taken in execution for the same to beis^ sued, served and executed in all respects as ihe law pre- scribes in the case of neglect of collectors in paying the sums contained m their lists ; and the said treasurers are hereby authorized and empowered to issue their execu- tions against said ?elcclnten accordingly, and such select- men shall have no remedy against the inhabitants of such town for any thing except the sum mentioned in the treasurer's warrant when they shall have paid the same, and in any suit to be brought for the recovery of the 9ame, the selectmen shall recover no costs ; and in case the selectmen shall neglect to return the name or names of the collector or collectors to whom they shall commit any list of state, counly rr town taxes to the treasurer of the state, county or Town, agreeably to the directions given them by the slate trrjfsorer, county treasurer, or towns respectively, they shall be liable to executions Sbct. 1. Taxes, 241 from the said treasurers respectively, in the same maDoer as in cases where they negle(/t to make atiy assessment, and shall have no remedy against the inhabitants of their respective towns for any thing except the sums by th^npt actually paid to the treasurers aforesaid, and shall recov- er no cost in any suit brought for the recovery of the same. And in all cases where an execution is issued against selectmen for neglect in assessing taxes, or neg- lect in returning the name of the collector, the same shall be issued against the selectmen whose duty it was to assess the tax and to return the naoe ol* the collector ; and in case no estate of such selectmen can be found whereon to levy the same, and their bodies cannot be found to be imprisoned, and the same shall be so return- ed by the sheriff to whom the same execution may be directed, an execution for the same sums may then be is- sued against the inhabitants of such town^ in the same manner as in the case where such inhabitants had neg- lected to choose any selectmen or assessors." The statute of December 16, 1812, entitled ^^ an act to establish the rates, at which polls and rateable estates shall be valued in making and assessing direct taxes/' enacts, ^^ that hereafter all public taxes shall be assessed on the polls and rateable estates in manner following, namely : each male poll from oighteen to seventy years of age (except those from eighteen to twenty-one, en- Volled in the militia, orJained ministers, the president, professors, tutors and students of colleges, paupers ?nd idiots) to be valued at one dollar and thirty cents : stall- ions or stud horses that have been wintered three win- ters, each at five dollars; other horses and mares that liave been wintered five winters, each at seventy cents : other horses and maies that have been wintered four winters only, each at fifty cents ; other horses and n^ares that have been wintered three winters only, each at thir- • ty cents ; other horses and mares that have been winter* ed two winters only, each at ten cents ; each jack that has been wintered three winters, at two dollars and fifty cents ; mules that have been wintered four winters, at fifty cents ; other mules that have been wintered three win* ters only, at thirty cents ; other mules that have been wintered two winters only, at ten cents each ; oxenvthat have been wintered five winters, each at forty cents \ 22 . J42 Taxef. Sect. I, oxen that have been wintered fofiY' winters only, each at thirty cents ; cows that have been wintered four winters, each at twenty cents ; all neat stock that have been win- lered three winters only, each at ten cents ; all neat stock that have been wintered two winters- only, each at five cents; reckoning the winter to begin the first day of De- cember^ and to end the last day of March : orchard land, accounting so much for an acre as will one year with an- other make ten barrels of cider or perry, each acre at thirty cents ; arable land, accounting so mnch for an acre as will produce twenty-five bushels of Indian coro, or other grain equivalent, one year with another, at twenty cents ; moving land, accounting st) much for an acre ias will produce one ton of English hay, or other hay equiv- alent, one year with another, at twenty cents ; pasture land, accounting so much as will keep one cow one year with another four acres, each acre at tive cents : mills, carding machines, -^vharves and terries, to be estimated atone twelfth part of their net yearly income, after de- docting repairs : all other buildings and unimproved lands, whether owned by inhabitants or non-residents, at half of one per cent, of their real value : all stock or property, whether of tanners, curriers, blacksmiths, or other trades- men, employed in the business of their trades, and all stock in trade of merchants, shop-keepers or other tra- ders, reckoning the same at the average value thereof for a year at half of one per cent. : all bank shares, all money on hand or at interest, more than the owner pays interest for, at three quarters of one per cent. : all prop- erty in the public funds, to be estimated at the same rate, according to its reai value ; all chaises, sulkies, coaches and other wheel carriages of pleasure, or for the convey- ance of persons, at half of one per cent, of their real Talne'* The statute of July 3^ 1822, entitled " an act to estab- lish the rate at which bank shares shall be valued io making and assessing direct taxes," enacts, " that here- after all the bank shares owned in this state shall be rated and taxed in all direct taxes at one half of one per cent, instead of three ipurths of one per cent, any law or cus- tom to the contrary notwithstanding." The statute of January 3, 1829, entitled " an act for taxing sheep," provides, ^^ that hereafter in assessing Sect. 1, Taxes, 243 public taxes, all sheep whtch have been wiqtered one winter, vvhich any person may own over and above fifty^ shall be valued at one cent each.'^ These are^ believed to be all the statutes now in force which relate to tbe assessment of taxes. With respect to the mode of taking an invoice of the taxable property in a town, and of making assessments, it is not deemed necessary to say any thing here. The directions of the statutes are plain and clear, and these things will always be best done by selectmen and a^essbrs, when done in their own way. No forms, nor directions, which could Le here given^ would be likely to be of any real utility. FORM NO. L Form of a cetiificate of the assessment of a state tax to be returned to the treasurer of the state. Pursuant to a warrant from the treasurer of the state of New-Hampshire, dated the day of A. D. ^ we have assessed the polls and elstates of the inhabitants of C, and the lands of non-resident owners, the sum of and have comniitted lists thereof to C. C. collector of said town with warrants bearing date the day of last, and directing said collector to pay the said sum to the said treasurer of the state on or before the day of A. D. In witness whereof we have hereunto set our hands this day of in the year of our Lord, eigh- teen hundred and A. B. ^ Sekctmen ' CD. S. of E. P. S Concord. * A similar certificate of the. assessment of the county tax ii^ to he r^tnrped to the county treasurer. 244 Taxes, > FORM NO. II. Sect. 9. Form of a certificate of the (usessment of town and school taxes to be delivered to the town treasurer. We hereby certify that we have assessed the polls and rateable estate of the iDhabitants of the town of C, and the lands of non-ifesident owners, the sum of twelve hundred dollars, voted by the said inhabitants qualified to vote in town affairs, to be raised to defray town chiirges, and also the sum of three hundred dol- lars, being the sum we were by law required to assess as a school tax, and have committed to C. C, yeo- man, collector of said town, lists of the said assess- unents bearing date the day of last, and requiring him to pay the said sum to the treasurer of said town on or before the day of A. D. In witness whereof we have hereunto set our hands this day of A. D. A. B. ) IS^lectmen C. D. V of E. F. S Concord. SECTION 2. OF THE LIST OF ASSE^SSMENTS OF TAXES LAID UPOIT INHABITANTS AND AESIDENTS, AND OF THE WAR- RANT TO COLLECT THE SAME. FORM NO. I. FortA of a list of assessments of taxes upon inhabiiantt and residents. i Town tax. School tax. • M n A. B. CD. E.P. G.H. 24.71 21.44 35.40 4.56 4C.42 42.88 70.80 9.10 12.35 10.72 17.70 2.26 6.17] 5.36 8.85 1.13 J Sect. 2. Taxes. 245 The foregoing is a list of the assessment of the county, town, school and state taxes for the year 1826, upon, the ratable polls and estates of the inhabitants and residents in the town of. C. made by the under- -sisned and committed to B. D. A. B. C. D. \ Sekctmen^ E. P. ■\ FORM NO. II. Form of a warrant to colkct taxes laid upon inhabitants and residents, STAT^ OF, NEW-HAMPSHIRE. Rockingham^ ss, 7q B, D. collector of taxes for the .^ '^-'^^ ^ town of' C. in said county for the year 182S/ J^' ^'5 ^ GREETING. In the name of the state of New-Hampshire yon arehereby r6qqired to levy and collect of the sever- al persons named in the list herewith committed to you, the same being a list of the assessment of the county, town, school and state taxes for the year 1825, upon the rateable polls and estates of the in- habitants and residents in the town of C, made by the undersigned, their respective proportions of said taxes set against their names respectively in said list, amounting in the whole to $ to be paid hy you when collected as follows, viz. : to the treasurer of the county of Rockingham the sum of on or befoire the first day of September next ; to the treas* urer of the state of rfew-Hampshire the sum of * to be paid on or before the first day of January next, and the remainder of the whole amount of the list aforesaid you are to pay as^ follows : to the treasurer of the said town, to wit, the Buja of on or before the first day of September next, 22'' / I t46 Tates. Sect. t. aod the residue on or before the first day of Decem- ber next. And if any persons named in said )ist, after having had froai you fourteen days notice of the sums at wLich they are respectively assessed therein, shall neglect or refuse to pay, or if any persons named in said list, whom you shall have just reason to think about removing from the town, shall, on demand, re- fuse to pay, you are to collect the sums set against the names of 6uch persons, by distress and sale of gdods to them belonging in the manner by law pre- scribed. But you are in no case whatever to make distress of any person of his tools or implements^ ne- cessary for his trade or occupation,, nor of his ai*m8, or utensils of household necessary for upholding life, 9or of bedding or apparel necessary for him or his family. And for want of goods and chattels whereon to make distress, you are to take the body of the per- son neglecting or refusing to make payment as afore- said) and him commit unto the common gaol in thb county, there to remain until legally discharged. And if any owner of land shall remove from the town, and shall not h&ve paid the sums assessed upon him, and shall have no personal estate whereon distress may be made : or if any person assessed in said list of taxes shall before payment die, leaving no person-^ alestate whereon to make distress, and no person in- terested in*" his real estate shall appear to discharge the taxes : or if any inhabitant shall neglect or re- fuse to expose his goods and chattels whereon to make distress, you are in each and every of the'cases afore- isaid to'proceed at the expiration of three months, and within one year, from the time of your receiving said list, to sell in the manner by law prescribed so much of such delinquent's lands as will pay the taxes and incidental charges, and execute a legal conveyance of the estate sold. Sect. 3^ Taxes. tin Given under our hands and seal at G. this first day of May, in the year of our Lord eighteen hundred and twenty-nine. A* B. ) Selectmen G. D. \ of E. P. S C- SECTION 3. OF THEXIST CgP ASSESSMENTS ON THE UNIMlPROTED LANDS OF NONRESIDENTS AND OF THE WARRANT TO COLLECT THE SAME. The list must be made and delivered to the collector previously to the thirtieth day of May annually. Gare must be taken to insert in the list the name of the owner if known, and otherwise the name of the original proprietor, the number of acres taxed, and the number of the lot and range. At least, as mai a /■ i f A.B.|C. D.]1(K lUi 21 l|Waistlat. 1 $3i01i! 34i4 6811 17| S« C.H.I |100 5l3;3iAbarD. | 1M]|I 09i2 18| 541 «7 j [ 75| 1 1 IBrowD lob. ] 30018 UI14 OSU iJI>l SU M.M.I 1 -.111 ! ■ 'M. M.r.Hc*'-.' 7^1 -iQi aoi '->^- IS s.w.iA.P.- : ■ : -■■■ \^ !..[ -;■ : J. ]■;: The foregoing is a list of the assessmeots of the county, town, school aod highway taxes for the year 1839, on the unimpiored lands of oonresidents withis the town of C. made by the undei'signed and commit- ted to C. Cr collector. A. L. : A.L. ) C.H. > FORM NO. n. Form of a warrant to collect the taxes assessed upon tht ufiimprotied lands of non-residents. STATE OF REW-HAMrBBlIlE. RoeJdngham, ti. To C. C. collector of taxes for tiu J -r-^ -i toon of C. in said eowUy. IZ^i GREETING. Irr the name of the state of New-IJampshire, you are hereby required to levy and collect of the sev- eral persons named in the list of taxes, herewith committed to you, the several sums set against their names respectively, the same being a list of tbejas- ' '8 of the couoty, town, school and highway SecT. 4. Taxes. 249 / taxes for the year 1828, upon the unimproved lands > of non-residents in the town of C. made by the un- dersigned, amounting in the whole to $ the sum ^ total 'of which you are to pay the treasurer of the said town of C. on or before the day oP next. / And you are on or before the eighth day of th» next session of the general court in June, to deliver to the deputy secretary of state a Copy of said list. And after the first day of September next, having ^ received from the said deputy secretary a copy of ' the said list, you are to proceed to sell in the manner by law prescribed, so much 9f eadti delinquent's es- , tate as will be sufficient to pay his said taxes and in- cidental charges. ' / Given under our hands and seal at C. this first day of May, A- D. 1838, A. B. ) Selectmen C. D. S of E. F. S Concord. SECTION 4. OP THE COLLECTION OF TAXES LAID UPON INHABIT- ANTS AND RESIDENTS. The Statute of July 7, 1827, entitled "an act to pro- vide for the collection of taxes assessed upon the inhab- itants of towns/^ enacts, ^^ that it shall be the duty of the collectors, in every town and place in this state, seasona- bly to collect all the taxes assessed in such towns or pla- ces, for which' they shall have sufficient warrants under the hands and seal of the selectmen of such town or -t50 Taxes, Sect. 4. place^ and to pay the saipe according to the directions given ifi such warrant. And eyery collector to whom any list of taxes, with a warrant in due for^ of law, shall be committed to collect, shiUl give fourteen days notice to the inhabitants or residents taxed in such list of the sam or sums at which they are assessed in such list, before he Mnake any distress therefor, unless in cases where sach collector hath just reason to think atly person is about removing out of his town or place. And when any col- lector shall have committed to him for collection^ a tax or taxes against any manufacturing company or corpora- tion, he shall give to the agent, clerk, treasurer, or one of the directors; a notice in writing statipg the sum or sums at which they are assessed, fourteen days before any distress shall be made therefor. And upon the neglect or refusal of payment of any inhabitant or resident, or manufacturing corporaition or company, taxed in said list, the said collector is hereby empowered to distrain the goods or chattels of, the person or corporation so neglect- ing or refusing. And the said collector shall keep such distress the space of four days, unless the mone}', for which such distress is taken, shall be sooner paid, at the cost and charges of the owner thereof; and if the owner do not pay the sum or sums so assessed upon him, and the costat and charges which have already accrued, within the space of four days, the sai^ collector shall proceed with- in forty-eight Uonrs after the expiration of said four days, to sell fit public auction, within the said town or place, the said distress ; and notice of the place, d^y and h^ur of such sale, which shall be sometime between ten of the clock in the forenoon, and six in the afternoon, and a par- ticular description of the goods and chattels to be sold shall be posted up in two public places in such town or place, twenty four hours before the time of sale. And a particular account in writing of the taxeHof the delin- quent, the collector's fees, the charges of keeping and selling such distress, the amount of the sale of each arti- cle, with the overplus, if any, after the taxes and all in- cidental charges are deducted, shall be delivered, imme- diately upon such sale, to the former owner, or ready to be delivered to him on request made. And for waat of goods or chattels, whereon to pake distress, the said col- Sect. 4. Taxes. S6I lector may take the body of any inhabitant or resident refusing to make payment ns aforesaid, and him commit to the common gaol m the same county, there to remain until tlie dame be paid, or he be discharged therefrom by due course of law." ^^ That in no case whatever distress shall be made or taken of any person of his tools or implements necessary for his trade or occupation, nor of his arms or utensils of household necessary for upholding of lite, nor^of bedding or apparel necessary for him or his family/^ ^* That when any collector shall take the body of any person for want of goods or chattels whereon to make distress, and shall commit him to prison, he shall give an attested copy of his warrant to the keeper of the prison, and thereupon certify under his hand the sum or sums such person is taxed in his list or lists, aod that he hath the body for want of g^oods or chattels whereoti to make distress ; and such attested copy and certificate thereon shall he a sufficient warrant to require the prison keeper to receive and detain such person in his custody until he pay the sums so certified, the costs of commitment, ^nd charges of imprisonment, or be otherwise thereof dit- charged by due course of law." ^^ That in ca^e any inhabitants or residents shall, on (or after the first day of April in any year, and before he shall have paid his taxes for that year, remove from the to^Vti or place where his invoice was taken, and his poll and estate lawfully taxed, into any other town or place in this state, the collector shall have the same remedy against the estate and body of such person found in any part of the state, as he would by law have had in case such person had not removed^ and in case his body and estate so found, had been found in the town where h* may have been so taxed." " IThat every cdllector of taxes shall be entitled to de- mand and receive for the collection of taxes by distress,, and sale of gbods, and for como^itting the body of any person to' goal, the same fees as sheriffs are by law en-*, titled to demand and receive, when they collect money upon execution, by the sale of good and chattels, and when they commit the body of the debtor to goal opon execQtioD." t52 Taxet. Sect. 4. ^* That when any owner or proprietor of any land or ' other real estate, shall remove out of the town or place where such land or other real estate lies, on or after the first day of April in any year, and shall not have paid the sums assessed on him, and shall leave no personal estate whereon distress may be made : and when any person assessed in any list of taxes, shall, before payment, dle^ leaving no personal estate whereon to make distress, and DO person interested in the same estate appearing to dis- charge the taxes ; or when any inhabitant or resident shall neglect or refuse to expose his goods and chattels whereoa to make distress ; in each and every of the ca- ses aforesaid, the collector may, at the expii;ation of three months from the time of his having received such list, and shall, within one year, proceed to advertise, by posting up, in two or more of the most public places in the town or place where such lands lie at least six weeks before the sale^ notifications stating that so much of the delinquent owner^s estate will be sold at. public vendue ' as will be sufficient to pay said taxes with incidental char- ges, unless prevented by previous payment ; and in such advertisement shall be expressed the name of the pro- prietor or owner, or the name of the person to whom the same shall have been taxed, and also the name of the occupant thereof at the time such advertisement shall be posted up ; and also in such advertisement shall be mentioned the day, hour and place of such intended sale : the place shall be some public one in the town or place where the estate taxed lies, and the hour shall be some- time between ten in the forenoon and six in the after- noon ; and in case the taxes and charges of advertising be not paid ba^fore the hour of sale, the collector may proceed to sell so much of the estate of the delinquent as will pay the taxes and all incidental charges ; and shall execute a good and valid conveyance of the estate so sold, in th^ same form and manner, and the same time for redemption shall be allowed, as the law provides and allows in the case of the sale of the lands and build- ings of non-resident proprietors for non-payment of tax- es." ^^ That whenever any lands or buildings shall be sold as aforesaid, it shall be the duty of the collector making SiccT. 4. Taxei. 2&3 the sale, to lodge with the town clerk of each town, withiD teD days afteV the sale aforesaid, one of the ad*. Tertisements which was posted up, with a certificate ac- companjing the same under oath, that the same and a sim- * liar advertisement was posted up as aforesaid according to the provisions of ^his fict ; which advertisement and cer- tificate shall be recorded hy the town clerk, and a certified copy of said record shall be deemed competent evidence in any court of law of those facts." * ^^ That it shall be the duty pf every collector to lodge with the clerky wllhin ten days after the time of redemp- tion,^from any sale by him made as aforesaid, a correct list of all lands and buildings which have been redeemed from- said sale, to be recorded by said town clerk." ^^ That each town cleik shall receive the same fees for recording, copying and certifying as aforesaid, as > clerks of 'the court of common pleas are by law entitled to receive for recording and certifying papers.^' *^ That the fees of the several collectors in the sale o^ / lands and buildings, as aforesaid^ shall be as follows, viz: for going to the places where the advertisements for the sale are to be posted up and returning heme, five cents, per mile ; for each advertisement twenty-five cents; for making the sale one dollar, for each deed twenty-five cents." '^ That if any collector shall take any greater fees for any of the services mentioned in this, act, than are herein before prescribed, he shall forfeit the sum of fiYo dollara - , to the person sueiug therefor, to be recovered by an ac- tion of debt." ■ ^^ That all acts and part of acts inconsistent with the provisions of this act be and the same hereby are re- pealed. Provided^ however^ that nothing herein shall affect the collectiod of any taxes heretofore made." In order to proceed correctly in the collection of tax- es by a distress and sale of goods, the collector must at- tend carefully to the following directions. ]. Notice must be given to the person taxed of the sums which he is assessed in the list fourteen days before the distress can be lawfully made, nnlest iixe collector has 2i 264. Taxe$. Secv. 4. jast reason to think that the person taxed, is about to more from the town. 2. A distress is not to be made of any person of his tool?, or implements neccssarry for his trade, or occnpa-' tion, nor of his arms or utensils, or household necessary for upholding life, nor of bedding, or apparel necessary for him or his family. Z. The collector must keep the distress four days, unless the taxes' are paid. 4. He must sell the distress within forty-eight hoars after the expiration of the four days. 5. Me must post up in two public places in the town a notice of the day, hour, and place of sale. The notice must contain a particular description of the goods to be sold, and the hour of sale must be between ten of tha clock in the forenoon and six in the afternoon. 6. The goods mnst be sold at some. place within the town at public auction. 7. A particular account in writing of the tases, the collector's fees, the charges of keeping and sale of the distress, and the amuunt of this sale of the articje, with the overplus, money, must be immediately delivered to the person, whose goods have been sold. FORM NO. I. Form of the advertisement. NOTICE. Taken as a distress for taxes, and to be sold at public auction, for cash at the inn of A. B. in Con- cord^ in the county of Merrimack, on Tuesday the third day of January instant, at eleven of the clock in forenoon, a bay horse four years old. CD. Collector. •Concord, January 2, 1826. Sbct. 4. Taxe$. SS5 FORM NO. II. « Form of the account of sales^ ^c, I'o C. G. the following is an account of your taxes, for which a baj horse has h^figlL taken as a distress by me the subscriber, and ^Wfflieay sold at public auc*,^j|^ tion, and also an account ofine said sale and charges**"^ Town tax - - - $10,60 , County tax - - - 3,25 State tax . - - i ,25 16,00 Charees i '^^'^^"S and keeping - 2,00 ^ ( Advertising and selling - 1)00, Said horse sold to M. N. be being thd highest bidder for - $21,00 Deduct taxes and charges 18,00 18,00 Balance due you $3,00 f CD. Collector. FORM NO. III. The form of the certificate in the copy of the toarrarU to be left with the keeper of the prison tohen a person is committed for taxes. I hereby certify that ten dollars and fifty two cents is the amount of the taxes, for which A. B. is now committed to prison by virtue of the warrant, of which the within is a copy, to wit. State tax $2, county tax j|^3,4own tax $3, school tax $2,52, and the costs of faking and committing is $2,50. Taxes - - $10,62 Costs - - 2,50 13,02 CO. CoUector, S56 Taxes. Lands may be sold In the following ca^es, when taxes, assessed upon anj inhabitants or residents, are not paid. , I. When any owner or proprietor of any real estate shall remove out of the town where such estate lies, on 1^ * or after the first day oVjSfmill in any year, and shall not * * have paid the sums assessed upon him, and shall leave no personal estate, whereon distress may be made. II. When any person assessed in any list of taxes, shall before payment die, leaving no personal estate, whereon to make distress, and no person interested in the real estate shall appear to dischai^e the taxes. * III. When any inhabitant or resident shall neglect or ' refuse to expose his goods and chattels whereon to make distress. ..Every cbllector of taxes, when he collects a tax io any of these cases by a sale of land, in order that his doings may be legal, must attend carefully to the following di* rections. I. He has no authority to advertise the land for sale, until he has had his list three months. ^ II. Advertisements of the sale must be posted up in two or more of the mpst public places in the town, where the land lies, six weeks before the sale. III. In the advertisements must be expressed, 1. Th^ name of the proprietor or owner, or the name of the person to whom the land has been taxed, and also the name of the occupant, at the time the advertisement is posted up. 2. That so much of the land as will pay the taxes, and incidental charges will be sold. 3. A description of the land to be sold. 4. The day, hour, and place of sale. IV. The sale must be at some public place inthe town where the land is, and at some hour between ten in the forenoon, and 9!k in the afternoon^ Sect. 4. Taxes. thi FORM NO. iy. Form of the advertisement uhen the land oj a person toho has removed from a town toithout paying his taxes^ is to be soldm , STATE OF NCW-HAMPSHIBE. Rockingham, ss. Notice is hereby given, that so much of the real estate of C. H. late of P. in said county, being lot No. 1, in the second range and third division (or being a tract of land bounded, &c.) and^now in the occupation of C. D. as will pay the tax- es assessed upon the said C. H. while residing in said town of P. in the year 1828, to wit. town tax f 1,50, county tax, $1, school tax $1,50, highwaytax $2,and in- cidental charges, will be sold at public auction at the inn of P. R. in said town,on Monday the second day of January next, at eleven of the clock in the forenoon (unless prevented by previous payment,) for the pur- pose of paying said taxes, and incidental charges. A. H. Collector. P. September 1, 1828. ' FORM NO. V. Form of the collector's deed. Kno\V all men by these pi^esents, that I. A. H. col- lector of taxes for the town of P. in the county of Rockingham, and state of New-Hampshire, Ijy virtue of the authority in me vested by a statute of said state, passed on the seventh day of July, in the year of our Lord eighteen hundred and twenty seven, en- titled an act to provide for the colleclipn of taxes, as- sessed upon the inhabitants of towns, in consideration of four dollars to me in hand, before the delivery hereof paid by A. M. of H. in said county, do here- by sell, and convey to him the said A. M. his heirs and assigns forever, the following tract of land bounded, &c. 23* t$6 Tatii. Suit. 4, To bare' and to hold the said premises, to him the said A. M. and his heirs forever. And I do covenant with the said A. M. that I have, as collector^ good right to sell, and convey the prem- ises in manner as aforesaid, and that in selling the same I have in all things followed the directions of the said statute. In witness whereof« I have hereunto set my hand and seal this ^ day of in the year of our Lord A. ]H. & seal. Signed, sealed and de^vered, in presence ot us, w. s. L. S. The statute makes it the doty of the collector to lodge With the. town clerk, within ten days after the sale, one of the advertisements, which was posted up with a cer- tificate accompany lug the same under oath, that the same and a similar advertisement were posted up according to the provision ^of the statute. FORM NO. VI. . Form of the certificate. I, A. H. do certify that on the day of A. D. 1838, 1 posted cp the within notification at the inn of A. B. in C. and a similar notification at the inn of W. H. in said town, where they both remained posted up as I verily believe until the day of sale mentioned therein. , A* Urn Rockinghainyss. Janikary A. D. Then thevabove named A. H. appeared and made oath that the above certificate by him subscribed is true. Before me, M. N. Jus* Peace* Sect. 6. Taxet. tftd SECTION 5. OF THE COLLECTION OF TAXES LAID UPON THE UN- IMPROVED LAJ7DS dp NON-RESIDENTS. The statute of Jaly 4, 1829, entitled, ^^ an act to pro- vide for the collection of taxes assessed upon the unim* proved lands of non-residepts,'' enacts, ^* that the select- men or assessors of the several towns and places in- this ' state, shall make out, in writing^ under their hands, and deliver to the several collectors on or before the 30tb day of May annually, a list of all taxes assessed upon the unimproved lands of non-residcnti?, and therein insert the ~ name of the owner of the land, if known, otherwise the name of the original proprietor, and the numbec of acres taxed, and the number of the lot and range ; and the^ proportion of each assessment to each lot or tract of land taxed shall be set against said lot or tract of land in the list aforesaid, and if the name of the owner and the ori- ginal proprietor of any such land be unknown, sthe quan- tity of land, the number of the range and lot, if lotted, otherwise such description of the land taxed, as it is usu- ally known by, being inserted io said list/ shall be a suffi- cient description of said land.'' " That every collector of said taxes shall, on or before the eighth day of the next session of the General Court in June sifter the assessment of such takes, deliver to the deputy secretary for the [time] being a copy of his list of all such takes made out as aforesaid and signed by the selectmen of the town or place for which he is collector, and the said deputy 'secretary shall, for the inspection of all persons concerned, keep said Mist during the remain- der of said session, at the place where said court shall be^ holden and afterwards, until the first day of September next following ^the second session in the town where he shall reside, and it shall be the duty of the said deputy secretary, while said lists shall be in his bunds, to receive of any non-resident his proportion of said taxes, and give his receipt in discharge of the same to the said non-resi*> dent, who shall pay to the said deputy secretaiy for his trouble, at the rate of ten per cent, on the sum to be paid by the §aid non-resident to the d#>puty secretary for taxes. Seo TastB. Sgcv. 5. Acd the said deputy secretary shall at any time after the said fiist day of September, on application, made to hfoi by any collectdr of the taxes aforesaid, or by his order retaro t,o said collector a copy of his list aforesaid and the mooey which he shall have received thereon, taking said collector's receipt for the same ; and after the said first day of September, any of the said collectors, who may have received copies of their lists from said deputy secretary, shall publish an advertisement in the New- Hampshi're Patriot and State, Gazette, printed at Concord, in the county of Merrimack, at tde rate ol one dollar. per square for three insertions, and also in some newspaper published in the county where the said land is situated, iC any newspaper be printed in the county, otherwise in some adjacent county, at the rate of one dollar per square for three insertions, aod shall post up a similar ad- vertisement in some public place in the town or place where the lands lie, three weeks successively, commenc- ing eight weeks prior to the day of sale, that so much of each delinquent owner's estate will be sold at public ven- due, as will be sufficient te pay his said taxes, with inci- dental charges, unless prevented by previous payment ; apd the said advertisement shall contain, the same des- cription of the land taxed, as this act requires should be made in the lists aforesaid ; and also the time and place of sale. And if any of said owners shall neglect to pay their proportion of said taxes, with incidental charges, until the time of sale, the said collector shall then sell at public auction to the highest bidder^ so much of each de- linquent's estate as will pay 'said taxes, with incidental charges. Provided^ that every sale, by virtue of this act, shall be made in the town or place where the land > sold shall be situated, and between the hours of ten of the clock in the forenoon, and six of the clock in the af- ternoon ; and, if necessary, the sale may be adjourned from day to day, not exceeding thrte days, by public proclamation, made within the hours aforesaid, at the place of sale ; and no person shall beholden to pay any part ot the cdst, which may accrue at said auction, after the tender of the payment of his own taxes, with his proportion of the costs, which shall have accrued before such tender." Sect. 5. TaxeB, 261 ^' That if any more thao one person shall he interested in any lot or 'tract of land, each one may pay his propor- tion of taxes, according to his interest in the laud, and! the share of the delinquent only shall be sold." '' That each lion-resident, his heirs or assigns, shall JiaTe the liberty of redeeming his land, sold asaforpsaid, - at any timje within one year from the sale thereof, by paying or tendering to the collector, his executor, or ad- ministrator, or io their ahsc»ce by tendering at the usual * place ot abode of said collector, his executor or adminis- trator, a sum of money equal tck that for which the land may have been sold, with interest; at the rate of twelve percent, per anh. for the same, until the time of pay- ment or tender as aforesaid. And it shall be the dnty of the said collector to deliver to the clerk of the town, where the*land lies, an attested copy of the sale of land by him sold, in virtue of this act, with chargpes of sale, within ten days atler the sale thereof, to be by him kept on file ; and in case of the absence 'of said collector, his executor or administrator, on tender being made at his usual place of abode as afores act, it shall be the duty of said collector to lodge with the town, cleric of such town, within ten days after the vendue and sale aibresaid, the newspapers containing the advertisement of such sale, and the advertisement which may have been posted up in such town, with a certificate accompanying the same, under oath, that said advertise- ment was posted up according to law ; which advertise- ment and certificate shall be recorded by said. town clerk, and a certified copy of said record shall be deemed suffi- cient .evidence of those facts, in any court of law ; and the said newspapers shall be kept on file by said cferk.^^ ^^ That it shall be the duty of every collector of taxes aforesaid, to lodge with the town clerk of said town, ^ within ten days after the time of redemption from any sal^ by him made, as aforesaid, a correct list of the lands ' so redeemed, to be recorded by said town clerk.'' ^^ That each town clerk shaH receive the same fees for recording, copying and certifying as aforesaid, as clerks Df ihe court of common pleas are by law entitled to receive for recording and certifying papers^" ^* That the fees of the several collectors, in the sale of lands as aforesaid, shall be as follows, to wit. : forgo- ing to the deputy secretary for the copy of the list, thence to the p4ace where the advertisremcnts fcr the sale are to be printed, and returning home five cents per mile ; for advertising in the county paper and in the town, one dollar ; for making sale one dollar per day, and the same sum for a clerk ( for each deed made and executed to purchasers, twenty-five cents.; and the sums of money actually paid to the printers and the deputy sec- retary for the copy of the list, shall be a legal charge ; and it shall be the doty of each collector to make out an equal proportion of the costs as herein before directed to ^acb lot or tr^ct pf land sold or advertise SS6 Taxes, Sbct. 5. FORM NO. I. Form of the advertisement. 8TATE OF NEW-HAMPSHIRE* Merrimack, ss. Concord, November 1, 1828. Public notice is hereby given, that so much of the undermentioned unimproved lands in-said town of Con- cord, belonging to nonresident owners and proprietors, as will p^y the undermentioned taxes assessed upon the said lands respectively for the year 1828, with in- cidental charges, will be sold at public auction, at the house of W. S. innholder in said Concord, on Thurs- day, the first day of January next, at ten of the clock in the forenoon, unless prevented by previous pay- ment. Owners. Original Description, g ^ ^ 5'*«? 2.i S» #i ^ »5 Proprietors. u> fi. o C. C. c. c. A.B. C. D. the A.B.lot. 40 16 S 1 29 7 22 S E. F. unknown. ' 80 14 2 2 58 14 44 6 A. D. Collector, V. The sale must be of so much of each delinquent's estate as will pay his taxes and incidental charges, aod must be at auction to (he highest bidder. VI. If any adjournment of the sale be necessary, it must be from day to day n^t exceeding three days, by public proclamation within the hours aforesaid, and at the place of sale. VU. Itis the duty of the .collector to deUver to the clerk of the town where the laud lies, an attested copy of the sale of the land, with the charges of sale, withia ten days after the sale. Sect.*. Tmu. ' - a67 PORM NO. II. Porm of an account of sales of fmitnproved lands for taxes to be made by the collectar. An account of the sales of unimproved* lands of non-resident owners and proprietors in Concord, for taxes assessed upon the same in the year 1828, at a public vendue holden at the house of tV. S. innholder ^n said Concord, on the first day of January, A. D* 1829. ' Two acres of the A. B. lot bounded as follows, [Here describe the land sold.'] was sold totf.H. he being the highest bidder, for $3, to pay the taxes assessed upon said lot as afore- said, anioQriting to $0,61, and incidental charges amounting to $1,39 being in the whole $3- A. D. ColketQr. A copy of the account should be delivered tc the clerk •f 'the town attested as follows. A true copy, attest — • A. D. Colleetor, Vlll. It is ihe duty of the collector to lodge with the town clerk within ten days atter the sale, the new8pap(*r8 containing the advertisement, and the advertisemcint which m ly have been posted up with an affidavit as fol- lows upon it. ' I, \. D do certify, that on the ciay of A. D. 1838, I posted up the within advertisement at the bouse of W S. in^^hoMer in Concorc*, where it re- mained posted up as 1 verily believe, until the day of fgle witbin meotioneci. A. D. / 1 36$ 2"axu. Sect. 6. Merrimack^ a* Jnntipfy 1 , 1829. Then the above named A. D. appeared and made oath, that the aboTc certificate, by him Bubscribed, is true. Before me, M. N. Jut. Pe^aee. IX« The advertisement and the affidavit of the coU * lector should be recorded by the town clerk. SECTION «. or TKfi cotLBcrioN or taxes upoir improted LAirnt or NON-RESIDENTS. The Statute' of December 10, 1796, (1 A*. H. Lawtj S64,) and other statutes relating to the collection of taxes assessed upon the lands of non-residents, w'ere repealed by the statute of June 19, 1828. (3 A: H. Laws^ 280.) But this last mentioned statute was repealed by the stat- ute of July 4, 1829. (3 A. H. Laws, 663.) And/the effect of this repeal seems to have been to revive all the laws repealed by the str^tute of June 19, 1828, in rela- tion to the collection of taxes assessed upon the lands of non-residents, except so far as their provisions are incon- dstent with the provisions of the said statute of July 4, 1829. And as the statute ot July 4, 1829, was intended to embody and will be found, on examination, in fact, to contain all the provisions of the statutes revived as afore- ^ said, it is very clear, that taxes upon the improved lands f f non-residents are to be assessed and collected in the iHJilt. ?« 'faxes. i^9 same manner as taxes upon the unimproTed lands o/'non- Tesidents. In order to ptoceed correctly, the selectmen must make « list of the taxes assessed upon the improved lands of non-residents, and a warrant as directed in the third sec^ tion of this chapter. And the list must be delivered to the collector, and he m^ust in all things proceed as direct- ed in the fifth section of this chapter. SECTION 7. •F THE FROCEEDINGS AGAINST DEFICIENT COLLEe^ TORS AND AGAINST THE SELECTME^jT AND' INHABIT- ANTS OF TOWNS IN CERTAIN CASES, WHEN TAXES ARE' NOT DULY PAID. The statute of Fe*)ruarj 9, 1791, entitled ** an act di- recting the proceedings against deficient collectors,'' enacts, *' that if any collector of taxes shall not pay to the state treasurer, county treasurer, town treasurer, selectmen, or any other person or perspns all such sums of money as shall he committed unto him or them to col- lect, by the time prefixed in the warrant or warrants to such collector given, which time shall never be sooner than three njonths from the time of the delivery of such warraqt, with a list of taxes, then, and in every such case the state treasurer, county treasurer, town treasurer, se*- Jectraen or other person or persons to whom any such sum' is ordered to Le paid, his or their successor or suc- cessors in office, be, and hereby are empowered by war- rant or execution under his or their hands and s^als di- 24* .. J t7t * Taxe$. Sect. 5. rected to the aheriff or his deputy of the county where the 8ame is to be executed, returnable by a certain day thereiji to be oientioned. which shall in no case be less th^n pixty days, to cause ail such fiun>8 ut money to be levied by distress and sale of the real or pers^'Oal estate of such dt*6cient collector, returning the ovt^rplus, it any there be, and tor want of any such estate to imprison such deticient collector until the same be paid.^' '^ That the treasurer, or olher person issuing any such warrar^t or execution, on return of the same unsatisfi<-d, or ^satisfied in part only, may issue an alias for such suiii as may reo^ain due on the return of any former one, and 80 on as often as occasion shall require. And in case such warrant or execution he issued either by the state or county treasurer, and the sheriff can Bnd no eMate real or personal, or not sufficient whereon to levy and satisfy the same, and (he body of such deficient collector cannot be found within his piecinct, or in case the body shall be committed, and the money be not paid within three months from the time of commitment, in either ot the cases aforesaid, the treasurer issuing such warrant or execution, on being certified by the sheriff that no suffi- cient estate can be tbund, whereon to levy, and that the body cannot be found, or that the, body bath been impris- oned three months, and the money hath not been paid as aforesaid, shall notify the selectmen of the town or place on whom the said tax was assessed thereof, who are here- by authorized and empowered immediately to assess the inhabitants ot such town or place the sum so due, and collect the same as otlier taxes and assessments are coU iected, and pay the same to the treasurer to whom the same is due ; and in case the sum for which such warrant or 'Execution issued be not paid within six munths from the time of such notice being gven as aforesaid, theu the said treasurer shall, and may issue his warrant or ex- ecution in manner aforesaid, against the inhabitants of such town or place for all such sums as> are due and unpaid upon the former waiiant or execution, and may add thereto the legal lees for the former warrant or execution and th* service^ trayei and poundage thereon." Sect. 1^. Taxes. til " That whcD any execution or warrant of distress issued by tne state treasurer, county Ireasnrer, town treasun^r, selectmen or other persons having lawful au- thority tt) jsstie the same shall be levied on the lands, tenem^'nts or hereditaments of any deficient colleclor, the «>fficer levying the Hnme shall proceed and Hell so m»ich thereof at public auction to the highest b.dder, as shall be sufficient to satisfy his said execution or warrant, with alt legal costs, giving thirty days notice of the lime and place of sale, by posting up advertisements therefor. At soone fjublic place in the town ot place where such es- tate lies, and iu two of the pdjoining towns, and in such cSse the sheriff shall specify m his advertisement the amount of the sum to he satisfied by i^uch sale, and the species, whether monev, certificates, state notes or other thing in which the same may be paid ; and in all cases . the sheriff shall receive in payment oi the sum mentioned in any such execution or warrant of distress, the same as the trcMSurer will receive of him, as described in such execution or warrant of distress." ** That in all cases when the time shall be elapsed at which any collector shall be ordered to pay his taxlo the state, or county treasurer, and the eelectmei« shall be of opinion that such collector hath collected the - several sums mentioned in his li^t of th,e persons in such lists named, and that there is danger of such collector's ab- sconding, or being unable to pay when c died upon by the treasurer, to whoip the same is payable ; in every such case the selectm<'n m ly issue their execution or warrant of distress against such collector for all such sums as be » m:«y'be in arrear lo the state or county treasurer, or both, in the same manner as they may for any town tax ; and the proceedings in such case shall be the sacne in all r<^s- pects. Provided ul7vay8^ that the said setectnten shall is such case indemnify s6cb collector tor all damages (hat he may sustain, by reason of any extents that may issue agiinst him by the state or county treasurer lor the same tax; and the slate or county treasurer upon being notified ' bv the selectmen of their havin^r issued such execution as fitoresaid, shall not issue any t;xecution against such deficient collector, but shall in case of non->payment for f7t Taxesm Sect, ^i the space of. three monthft aftp r such notice, issue his exe- cation or warr.mt o* distress agTfiinst such selectmen^ aod Id their default of payment, against the inliabitants Ja the same manner as he is auth'^ri^ed to do ib the cabe oF col- lectors being- unable to pay." ^^ That in all ames where the name of any coll jctor, the date of the warrant given liim^the sum he is ordered to pay, and the time when he is to pay the same shall be re* turned to any tr«^asurer. before he issue any extent far the saoie tax; ir shall be the duty of the treasurer to issue his extents for surh delinquent tax agjinst nqch collector or colh'ctors, and asrainst no other pt^rson or persons^ exc«^pt in cases as bofbre mentioned, where such collectors are urable, or in cases where such trifasur^r hath received hotice as aforesaid, that the selectmen have already issued execution or warrant of distress therefor ; aid in all cases where the name or names of any collectors shall not be returned to the treasurer, it shall be his duty in the first in- stance to issue his execution or warrant of distress tor the unpai.ltaxot such town or place against the selectmen of that year, and against no other persons ; and in case such selectmen be vnabie, or ir c^ase return be' made by aaj sheriff, on any execirtion issued by any state or county treasurer, that no^electmen were chosen in such town or place that year, then such execution shall issue against the inhabitants of such town or place/^ ^ ' ^* That in all cases where execution or warrant of dis- tress issues against any selectmen, or. against any town or place, in consequence of any default or neglect of any col- lector to pay l^ls taxes according to the directions, such se> lectmen, oi such town or place in every such case shall have their remedy against such deficient collector by ac- tion, and shall recover against him all such sums as thej may have paid, or ha^e been compelled to pay on bis ac- count, with damages for the extraordinary trouble they may have been at in paying the same." / ''And in all cases where any town or place may becoro« pelied to pay any sums, r r he put t ^ any trouble or charges by reason ot the neghxt or misconduct o^ an\ selectmen^ they shall have their remedy against such selectsaen.^' Sbct. 7. Taxes. 273 « FORM NO. I. Form of a tDorrant against a eoUecior, who is rtndss in his dfUy^ to be issued by the treasurer of the town^ when^ Ae tax is ordered to be paid to him. STATE 6F NEW-HAMPSHIRE. • » Rockingham^ ss. To the sheriff of said county of Rock' inghaniy or his deputy. ' GREETING. < L. 8. > Whereas 0. D. of C. in said county, yeomao, on the twenty-eighth day of May last, being a collector of t^ies for said town of C. duly appointed and sworn, had a list of assessment of a town tax duly Yoted to be raised by the inhabitants of said town, made by the selectmen thereof and amounting to the suiii of one thousand dollars,.committed to him with a warrant under the hands and seal of the said select- men, directing and empowering him to levy and col- lect the several sums in the said list mentioned, aiul pay* the same to the treasurer of the said town of G. oil or before the first day of November last past* Yet the said C. D. hath not paid the said several sums, in the said list mentioned, as directed in said warrant, to the treasurer of the said town, but has wholly neglected so to do. You Rre tlrerefore, in the name of the state of New- Hampshire^ required forthwith to levy the aforesaid sum of one thousand dollars by distress and sale of the real and personal estate of the said collector, and pay the same to the treasurer of said town, returning the overplus, if any there be, to said C- D., and for want of such estate, to take the body of the said C. D. and commit to the gaol of the county aforesaid, there to remain till he has paid said sum of one thousand dollars, together with yotir fees, or be otherwise dis- charged by order of law, and make return of this warrant to myself or my successor^ or treasurer ef 274 Taxes. , Sect. 7. said C, within siity-five days from the date hereof with your doings thereon. Given under my hand and seal this first day of De- cember, in the year of out Lord eighteen hundred and twenty-live. E. F., Treasurer of the town of C. FORM NO. II. Form of atbarrant against a collector who has eolketed the county tax^ and is in the opinion of the selectmen about to abscond without paying it over to the cotmty treasurer, STATE OF NEW-HAMPSHIRC. Rockingham^ ss. To the sheriff of said county or his \ J^ \ eREETmo. Whrrea^ C. D. of C. in said county, yeoman, os the first day of May last, being collector of taxes for said town of C, duly appointed and sworn, received a list of assessments '>f a county tax duly voted by a convention of the memberb of the house .of represen- tatives in said county^ nvade by the selectmen of said C. amounting to the sum of two hundred dollars, comfnitteV(!red to abate any taxes, as well those assessed by their predecessors as by themselves, of any person ap- plying for the same, provided sufficiont reason for such abatement be shewn ; and if the selectmen deny or re- 276 Taxes. Sect. S. fuse to make sneb abatement, the person conceiving himself Kggrif ved by aojr tax or assesf^meDt, may apply by way oi petition to the court of common pleas in the same county, who are hereby empowered to make such order in the premises as justice may require. Provided^ that ied, and th^ width of the new high^ way stated. Atid the said committee shall assess the daiD^ ages done by such highway, or by such alterations in a highway to the owners of the land in the same way and manner that selectmen are herein before directed to assess the damages in such cases, and shall insert the sums so as- sessed in^ their report. And such report being returned to the court of comnfon pleas and duly accepted,' such new highway, or such alterations in an existing highway^ shall be deemed to be duly established. Providedf that 'When a committee is appointed on any petition for a high- way in any town, or from town to town, or for any altera- tions in a highway leading from town to town, notice to the owners of the land and to the selectmen' of the towns respectively of the time and place when and where thie committee will begin the examination of the ground pro- posed for a new highway, or of the highway proposed to be altered, shall be deemed sufficient." ^^ That whenever it shall be deemed necessary in or- der to make the highways leading from one town to an- other town in the same, or in a different county, m9re direct and convenieijit, that in some parts of the 'route existing highways should be made wider and straighter and that in other parts of the route a new highway, or aew highway^ should be laid out, such alterations in ex- isting highways ^hall and may be made, and such new highways shall and may be laid out in one and the same petiUon." • ^^ That the damages assessed by any committee as aforesaid, shall be paid by the town within whose limits that part of the highway for which the damages are as- sessed may be. And when any highway shall be laid out througb any tract of land owned by any person, or by two , or more as tenants in common, or joint tenants, in such manner that part of the highway through the same tract shall be in one town and part in another town, then the damages to be paid by such towns, respectively shall be separately assessed. And the costs of laying ont high- ways irom town to town, or through land uot within the limits of any town, shall be paid by the county. And the costs of widening and straightening highways from town to town shall also be paid by the county. And each of 25* I / 1 idi Highways. &fc61^. f . the committee to be appointed as aforesaid, shall be al- lowed iv9C dollars for each day actually and necessarily spent in snch service, and no more/^ FORM NO. I. Form of an application to selectmen to toy out a highway for tlie accommodation of the public ingeneraL To the selectmen of the tovm of Concord in the couniy of Merrimack. The undersigned respectfully shew^ that for the accommodation of the public in general, there is oc- casion for a new highway in said town, from thence running westerly to Therefore the undersigned request you, the said se- lectmen, to lay out, on the route above described, a highway ' of the width of three rods, and to cause a record thereof to be made in the manner and form by law prescribed. A. B. CD. FORM NO. II. Form of an application to seleeimen to lay out a way for the particular accommodation cf the person or persons applying for the same. To the selectmen qf the town of Chester in the county 0/ Rockingham. The undersigned respectfully shew, that for their particular accommodation there is occasion for a new highway in said town,* from thence running easterly to •^ Therefore the undersigned request you, the said selectmen, to lay out, on the route above described, a kigbway of the width of two rods, and to cause % f^* k Sect. 1. , Higkwatfs, - f85 cord thereof to be made in the manner and form by law prescribed. CM. FORM NO. III. Form of an application to selectmen to make an existing highway wider and straighter* To the selectmen of the town of Concord in the county of Merrimack. ^ The undersigned respectfully shew, that for the due accommodation of the public, there is occasion to make the existing highway, leading from southerly to in said town wider and straighter. Therefore the undersigned request you, the said selectmen, to make the said highway* wider and straighter, and to catH»^ a record of the alterations ia the same highway to be made in the manner and form by law prescribed. W.M. FORM NO. IV. Form of an order of notice upmh any application ^ aforesaid. Upon the foregoing application, it is ordered, that the applicants give D3tice to all the owners and pro- prietors of lands through which the proposed highway may be laid out, to appear at the house cf A. B. in said Concord, on Wednesday, the first day of Februa- ry next, at ten of the clock in the forenoon, and shew cause, if any they have, why the request of the said applicants should not be granted, by giving to each of fS4 Highwayt. Sect. 1. said owners and proprietors, or leaving at his usual place of abode, a copy of the said application and tins order thereon, at least fourteen days previous to the said first day of February. \ Given under our hands this second day of January, A. D. 1826. A. L. ) Selectmen B. H. V of. CM. S Concord. FORM NO. V. AffidaoU of notice. I, A. B . do testify and say, that on the tenth day of January, A. D. 1826, I gave to M. O^ and C. D. a copy of the within application and order of notice, and OB the same day left a like copy at the house of B. L. being his usual placeof abode. A.B. * Merrimach, 88. Feb. 1, 1826. Then A.B. appear- ing, made oath that the foregoing afiSdavit by him sub- scribed is true. Before me, L. L. Justice of the Peace. FORM NO. yi. Perm of the laying ox(t of a highway for the parHcviar accommodcUion of an individual: Upon the foregoing application, the undersigned, se- lectmen of the town of Chester, having given notice as aforesaid to all the proprietors and owners of lands through which the highway hereinafter mentioned is laid out, to appear at the house of A^ B« in said Ches- ter, on the first day of February instant, at ten of the «lock in the forenoon, and shew cause> if any they had, r 8e«t. 1. Highways. tZi why the request of the said applicant should sot be granted : and having met at said time and place, and fully heard all tl^e said proprietors and owners who chose to be heard, as well in relation to the propriety and expediency of laying out said highway as to the damages they might respectively sustain thereby, and having fully and maturely considiered the said applica-^ tion, are of opinion that there is occasion for a high- way in the place mentioned in said application. We therefore lay out the same as follows : , l^Here describe the road.'] The above described line to be the middle of the' highway, and the same highway to be three rods wide, and to be made by the said applicant, and remain a highway so long as the said applicant shall keep the same in repair, and no loiter. And we do hereby award to the respective owners of the lands, through which said highway isjaid oilt, the following sums, to be paid by the said applicant l^efore this laying out is recorded. To A. B. D. twenty dollars. To C, D. twenty-five dollars. Given under our hands at Chester, this first day of February, in the year of bur Lord egihteen hundred and Wenty-siXk A. L. ) Selectmen B. H. [ oj C. M. S Chester. FORM NO. VII. « Form of the laying out oj a iovm way. Upon the foregoing application, the undersigned, selectmen of the town of Concord, having given notice as aforesaid to all the proprietors and owners of lands 28S Highvoay$* Sect. 1. through which the highway hereinafter mentioned im laid out, to appear at the house of A. B. in said Con- cord, on the first day of February instant, at ten oT the clock in the forenoon, to shew cause^ if any they had, why the request of the said applicants should not be granted ; and having met at said time and place, and fully heard all the said proprietors and owners who chose to be heard, as well in relation to the propriety and expediency of laying out said high- way, as to the damages they might respectively sus- tain thereby, and having fully and maturely consider- ed the said application, are of opinion that there is occasion for a highway in the place mentioned in said application. We therefore lay out the- same as fol- lows : Beginning at a stake near the house of M. O. in said Concord, thence south ten degrees west through land of said M. 0. forty rods to a stake, thence south eleven degrees west through land of C D. twenty rods to a stake, thence south nine de- grees west through land of B. L. forty- five rods to the highway. The above described line to be the middle of the highway, and the €ame highway to be three rods wide. And we do hereby award to the respective owners of the lands, through which said highway is laid out, the following sums, to be paid by the said town of Concord : To M. 0. twenty dollars. To C. D. twenty-five dollars. To B. L. forty dollars. Given under our hands at Concord, this first day of February, in the y&ar of our Lord eighteen hundred and twenty-six. A. L. ^ Selectmen B. H. [ of C. M. ) Concord. Sbct. 1. Highwfiys. 287 FORM NO. VIII. Form of a record of aUerntions in a highway • .The undersigned, selectmen of the town of Con- cord, having given due notice as aforesaid to all the owners of land apprppriated for the purpose of wid- ening and straightening the road leading from in said town of Concord to in the same town, as hereinafter mentioned, to shew cause if any they had, at the bouse of M. N. in said Concord, on the first day' of February instant, at ten of/ the clock in the fore- noon, why the said highway should not be made wider abd straighter : and havhig met at the said time and place, and fully heard all the said owners who chose tabe heard, as well in relation, to the propriety and expediency of making arty alterations in said highway, as to the damages they might respectively sustain ' thereby, and having fully and maturely considered the subject, are of opinion that there is occasion for mak- ing said highway wider and straighten We therefore have widened and straightened the said highway as follows : [Here describe the alteratior^.l And we do hereby award to the respective owners of lands taken for the purposes aforesaid, the follow*- ing sums, to be paid by the said town of Concord. To X. Y. ten dollars; To M. O. twenty dollars. , Given under our hands at Concord, this first day of February, in the year of our Lord eighteen hundred and twenty-six. A. L. ) Selectmen B. H. V 0/ C. M. S Concord. lo all the cases aforesaid, tie application to the select- men, the order of notice, the affidavit of notice, and the record of the doings of the selectmen, should be entered by the town clerk upon the toWn book, and be attested by him as clerk. I s \ ^ S88 Highways. Saer. 2. SUCTION ft. OF MENDING AND REPAIRING HIGHIVAYS. The Statute of July 3, 18S9, entitled '^ an act for mend- ing and repairing highways," enacts, '^ that the inhabit- ants of every town in this state shall at their annual meet- ing in the month of March or at any other legal meeting vote such sum or sums of money as they shall judg'e ne- cessary for the making, mending and repairing of the seyera) highways and bridges in the same town for that year. And the said inhabitants may from time to time determine the price^ which shall be allowed tor labor, utensils 2(nd materials employed in mending or making highways, otherwise the said price shall be determined by the selectmen. And the selectmen of said towns shall assess the sum or sums so voted upon the polls and estates of the inhabitants of their respective towns in the same way and manner as state taxes are assessed." '^ That the said towns shall at their annual meetings choAse as many surveyors of highways as they shall jadge proper, who shall enter upon the duties of their office on the first day of May. And the selectmen shall on or be- fore the first day of May after the choice of such sur- veyors, limit their several districts and give to each sur- veyor a list of the several persons in his district, with a list of each persons's proportion of the sums voteS, and a warrant to collect the same. Provtded, that in case of a vacancy in said office, the selectmen shall have author- ity to fill the same." , " That the ?aid surveyors shall warn the several per- sons named in their respective lists to work upon the , highways within their respective districts, e«ich person his proportion of the sums voted to b^ raised, at the pri- ces determined by the town or by the selectmen as afore- said. And every surveyor shall give to every persoD he shall warn personal notice, or leave at his last and usual place of residence notice in writing, of the time, place and tools, when, where and with which each person ibaU I Sec/t. 2. . . Highmayt. 1S89 attend, four days before the day appointed. Provided howeverj that in cases of sudden Emergencies, whicb may require immediate remedy, it shall be; lawful for the surw veyor 16 warn them or any of them to attend forthwith. And if any person shall neglect or refuse tays for the first district in the toum of C. for the year of our Lord eighteen hundred and twenty-six^ In the name of the state of New-Hampshire, yoa are hereby required to warn the several inhabitants of said district, named in the list heiewithcomiiiitted to you, to work upon the highways in said district, un- der your direction, until they have paid respectively the sumsrset against their names in the list aforesaid, at the following prices. {Here insert the price of labor ^ ^c. ae fited by the town or selectmen.'] And you are to cause the said work to be applied to the repair of the highways in said district, at the times and places when and wh^re it may be most use- fully applied. / ^ And if any of the inhabitants aforesaid, having had four days notice to work as aforesaid, shall neglect or refuse to work, and shall not within four days after the time set for him to labor, make to you a reasona* ble excuse, you are to demand 6f every person so neglecting, in money, the sum set against bis name in said list, or so much thereof as may remain unpaid. And if the same be not paid within fourteen days af- ter demanded as aforesaid, you are to proceed to col" lect the same by distress and sale of the goods of the person so neglecting. But you are in no case whatev- er to make distress of my person of bis tools or im- plements necessary for his trade or occupation, nor of his arms or utensils of household necessary for up 89£ Highways. Sbct. t. holding of lire, nor of bedding or apparel necessarj for hina or his family. And you are tokeep any distress you may make as aforesaid for the space of four days, (unless the mo- ney for which it is taken shall be sooner paid,) at the cost and charges of the owner thereof ; and if the owner do not pay the sum set against his name in the list aforesaid, or so much thereof as may remaiu un- paid, and the costs and charges that may have accru- ed, within the space of four days, you are to proceed within forty-eight hours after the expiration of said i four days, to sell at public auction within the town 1 the distress, having first posted up in two public pla* > ces in the town twenty-four hours before the time of ^ sale a notice of the place, day and hour of sale, which must be some time between ten of the clock in the forenoon and five in the afternoon, and a particular de- scription of the goods and chattels to be sold. And you are immediately after the sale to deliver or have ready to deliver, to the owner of the goods sold, a particular r account of his taxes, of your fees, the charges of keeping and selling such distress, and the amount of the sale of each article, with the overplus, if any there be after the taxes and all the necessary charges are deducted. And you /re to settle your accounts with and pay the balance, if any there be in your hands, to the se- lectmen, of said town at the expiration of your year* Oiven under our hands and seal at C. this tenth day of April, in the year of our Lord eighteen hundred and twenty-six., A. H. ^ Selectmen B. M. > of C. Y. ) C. The 8urv<»yor9 of highways must observe, that if any person notified to labor upon the highways shall neglect or refuse to labor, and shall not within four days after the time set toi said labor make a sufficient excu9e^ hi& taic becomes a money tax, and must be demanded and collect- ed like other taxes assessed upon inhabitants. {For iht F^rms^ nttpmgea 2§4 4* ^^t FortruJVos. 1, 2, 4r 3.) SECTION 3. or THE LIABILITT OF TOWNS FOR DAMAOES DONE BT MEANS OF THE INSUFF1CIENC7 OF ROADS AND BRIDGES. ' The Statute of July 3, 1829, entitled '^an act for mend- ing and repairing highways,'' section 8, enacts, '^ that in case any special damage shall happen to any person or persons, or to his or their teams or carriages by means of the insufficieiicy or want of repairs of any highways or bridges in any town in this state, the party aggrieved shall recover his or their damage in an action against such town. And the to^n shall have a remedy over against any surveyor or surveyors through - whose fault or neglect the same happened. And surveyors of high- ' ways are hereby authorized and empowered to purchase at the cost and charge of their respeotive towns all such timber, plank and other materials, as are necessary for mending and repairing the highways and bridges in their respective districts/' For the construction of this clause in the statute^ see 2 M H. R, S92, Famum vs. Concord.— 3 JV. H. R. d3, MwrriU vs. Deering* 26* Hi ' HtghjffayB. £fiC^. 4. SECTION 4. OF INCUMBRANCES AND ENCROACfiMENtS UPOIV HIGHWAYS. The statute of January 3, 18i29, eotitlecl ^^ an act aa^ thorizingf the removal of incumbrances in highwajs," enacts, ^^ that whenever any persoq or persons shall place in any of the highways or streets of any towD any masts, spars, mill-logs, boards, planks, stones or any oth- er thing whatever to the incumbrance of the ^me high- ways and streets, it shall be the duty of the stiivcyor of the highways in the district where such incumbrance shall be to give reasonable notice to the person or per- sons leaving any incumbrance as aforesaid to remove the same ; and if such person or persons shall neglect or re- fuse so to do, or if the owner be unknown, such surveyor shall make complaint in writing to some justice of the peace ini the same town or in one of the adjacent towns ; which justice upon his own v lew ofsuch incumbrance may by warrant under his hand and seal directed to such sur- veyor cause the same to be removed so far as ' the said justice shall judge necessary for the pubjic convenience, and shall also order so much thereof to be sold by such surveyor as shall be rdju^ged by said justice necessary to pay the legal costs which said justice shall tax, and three times the price of the labor of removing the same, which labor shall also be estimated by said justice. And such surveyors shall follow the same rules and regula- tions in making sale of any such incumbrance as' collec- tors of taxes dre by law directed to follow in advertising and selling personal property for taxes. Provided hoW' «ver, that no warrant shall be issued as aforesaid, for the purpose aforesaid, until notice shall have been given to the owner, if known, and he shall have had an opporto- nity to show cause why the incumbrance should not be removed." ^^ That in all cases when the said articles of incuiL' branpe removed by any surveyor as aforesaid, shall not •ell for a sum. sufficient to pay and discharge the costs / VIN «li «■■■ -•-->- ^^^|H^--«« VI <^p*^vv"*—^^^^VPV^p»««»W" 4BCt.4. Highways. '. M« taj^ed aad three times the price of the labor of removing the same, estiniati^d by the justice as Aforesaid, the said surveyor shaH be entitled to recover the same or such parts theteof as shall remain unpaid iafterthe sale of such articles, of the person or persons who shall so incumber the said highways by an action on the case in any court proper to try the same." The statute'of Feb^^|ry^27, 1786, entitled '^ an act to prevent encroachment«j upon highways," enacts, " fpras- much as divers incunibrances and encroachments have been made, or hereafter may be made, in and upon the common roads, highways and streets, heretofore kid out, or which shall hereafter be laid out, within the several towns of this state ; For remedy whereof. Be it enacted bij the senate and house of representatives in general court convened^ That henceforth no edifice, bdild- Wg, or fence whatever, shall be raised, erected, built, of set up in, upon or over any of the said roads, highways, streets, lanes or allies within this state, ot- any part^ of any of them, whereby to straighten the passage, or any ways lessen the fulj breadth of any s-jch roads, highways, streets, lanes or alleys ; %md if any edifice, building, or fence whalso-cver, shall be raised, erected, built, or set up, or being erected, shall be continued upon, in or over any such road, highway, street, or alley, contrary here- unto, every such edifice, building or fence shall be deem- ed and held to be a ccfeimon nuisance. And the court of general sessions of the peace within the county where such ofi*ence may be committed, upon indictment and con- viction of the ofi*ender, are hereby empowered to order, and cause such edifices, buildings or fences to be taken down, demolished, and removed, and further, to punish the offender by fine, not exceeding ten pounds and costs of prosecution. Provided^ nevertheless^ That this act ohall not be intended, ' or construed to intend the prohibiting the setting up of any conduit, watch-house, cage, or stocks, for the public use, in or upon any highway or street within this state. And no person shall presume, wantonly or illegally to hurt or damnify any highways, jcauseways, or bridges, within this state, by destroying or taking away any of the plank, posts, timbers, or rg^ckf . "i' 1S96 Highwayi. Sect. 4 thereof, or by digging any pits therein for gravel, clay, or any other caave whatever, upon the penalty aforesaid upon being convictpd as aforesaid, fiut if the daaiage is supposed not to exceed the sudd of twenty shillings, any justice of the peace for the county where the 9ffeQce is committed, may take cognizance thereof, and on conyio tion punish the offender by fin^, not exceeding forty shil- lings, and costs, with liberty to appeal to the next court of sessions of the peace for saicPcou^ty. Provided^ that this act shall not be construed4o hinder the setting up of any gate, in or upon any highway leading through any meadow or intervale land, liable to freshets,^ as hath been customarily done," FORM NO. I. Form of a complaint of an incumbrance made by a sur- veyor of highways to a justice of the peace. To Jl. B., Esquire^ one oj the Justices of the Peace in and for the county of Rockingham in the state ofJVew- Hampshire^ dteelling in Che0ery in said county. Complains, C. D., surveyor of highways for the first district in Chester in said county, that E. F. of said Chester, yeoman, on the first day of January- in- stant, at said Chester, with force and ariDS in and up- on the common highway, in said district, leading from to divers large pieces of timber unlaw- fully and injuriously did put and place, and the same large pieces of timber so as aforesaid put and placed in the highway aforesaid from the said first day' of January until the day of exhibiting this complaint, to be and remain in and upon said highway, unlawfully and injuriously has permitted and suffered, and still does permit and suffer, to, the great damage and com- mon nuisance of all the citizens of said state having occasion to pass and repass in and along said highway, and against the peace and dignity of the s^ate. And ^though your complainant, on the seventh day of Jan- 4*. Sect. 4. Highways, S9'' . * ' V \ uary instant, requested the said E. F. to remove the said incumbrance ;' yet the said E. F. has wholly neg-* lected to remove the same. Wherefore the said C. D., surveyor of highways as aforesaid, prays the said justice, upon his own view of said inctimbrance, by warrant under his hand and seal, directed to the said complainant, to cause the same incumbrance to be immediately removed so jar as the said justice may judge necessary for the public good, and to order so much of the said timber to be sold as the said justice may judge necessary to pay the legal cost and three times the price of removing the same. CD. Chester, January 14, 1826. / FORM NO. II. . Form of an order to shew cause why the incumbrance should not be removed. Rockingham^ ss. Upon the complaint aforesaid, it is ordered that the said £., F. shew cause, at the dwelling house of the subscriber, in Chester, on the sixteenth day of January instant, at ten of the clock in the forenoon, why the said incumbi^ance should not be removed. A. 6. Justice of the Peace. « A copy of the complaint and of the order to shew cause should be given to the owber of the timber or left at his usual place of abode a reasonable time before the hour fixed by the justice, and an affidavit of tbe service of tbe order be made and filed with the justice. 288 Highway$, Sbcv. 4- FORM NO. m. Form of the warrant to remove the incumbrance^ STATE OF NfiW-HAMPSHIRE. Rockingham^ ss. To C. />• surveyor of highwaye far t -'^A^ ^ the first district in the tovm of Chester ^ in said ^ ^ "• ^ county. GREETING. Whereas, complaint has been made to me A. B^ Esquire, one of the justices of the peace in and for said coutity, dwelling in the said town of Chester, that {here insert the complaint) ^nd the said E.F. having been duly notified to appear before me, and shevr cause, if any he had, why the said timber should not be removed, and the said E. F. not appearing, (or not shewing sufficient cause against the same,) and it ap- pearing to me the said justice, upon my own view of the same, that it is necessary for the public good^ that the tiihber mentioned in the said complaint be remov- ed, I do hereby order and require you forthwith to remove the said timber from the highway aforesaid, so that no part of the same may in any way impede or hinder those who may have occasion to travel upon the said highway. And you arc also ordered to sell so much of the said timber as may be necessary to pay the legal costt up9n the said complaint taxed by the said justice at two dollars, and also the sum of three dollars, being three times the price of the labor of removing the same, as estimated by the said justice. And yoCi are to keep such part of the said timber as you may have occasion to sell for the purpose aforesaid four da^s, unless the said sum shall be soon* er paid, and if the said E. F. do not pay the same sums within the space of four days, you are to proceed within forty-eight hours after the expiration of said Sect. 4. Highways* 299 four days to sell at public auction, witliiu tl^e.said town, so much of the said timber as may he uecessaT ry to pay 9aid suras, having first posted up in two pub- lic places in the town twenty-four hours before the time of sale a notice «of the place, day and hour, of sale, which must be sometime between ten of the clock in the forenoon and six in the afternoon, and a particular description of the said timber. And you are, immediately after the sale, to deliver, or have ready to deliver, to the said £. F. a particular ac- count of the said sums, and the amount of the sale of each article. Herein fail not. Given under my hand and seal this sixteenth day of January, in the year of our Lord eighteen hundred and twenty-six. A. B. Justice of the Peace. rbe form of the advertisement of the goods for sale, of the account of the sales, is the same as those used in case of a sate of goods for taxes assessed upon inhabit- ants of towns. {See pages 254 and 255, Forms J^o, t, £,3.) Ae mder is nqatitbtA to correct the following erron in these pages. Page 80, fine 12 from the bottom, strike oat *^ superior eourt of iudiealwnej' aaA iBsert ^ court of common pleas f* and in the same pag^ line 8 from tne bottom, strike «^ the word ^ superior^ Page 81, line 6 trom the b'jttom, strike out << tupetiat court/' and insert ^^eommonpledtJ' Page 82, line 13 from the bottom, strike out >* mptrior court of judicature^ and insert ^ towt -of common! jpleas,^ Page 150, line 8 rrom the bottom, strike out '^ybufteen,'^ and insert *^fifUenf and •n the same page, line 12 from the Hottom, strike out ** fourteen/' and insert ** fen." Fsne 160,;,in the 1^ line but one of form No. 3, after the words **i«ni« ami plaoe/* ioMit * oMia'purmue.^ Pi^e 265, line 6 from the top, for << Tkundaxf/* insert « this day.*! Page 234, for <« Cha^ uxir.^ insert *< Chap, %3aaiL» y I •